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Raipur (Rakhial) Commercial Co-Op ... vs Ahmedabad Electricity Co. Ltd. And Anr. on 31 August, 2005

During the course of hearing, two decisions namely Isha Marbles v. Bihar State Electricity Board and Anr. and Ahmedabad Electricity Co. Ltd. v. Gujarat Inns Pvt. Ltd. and Ors. [2004 (2) GLH 691] are brought to the notice of this Court. These decisions clearly hold that the liability cannot be fastened on the auction purchasers/third party. The petitioner is auction purchaser/third party in this case, therefore, Ahmedabad Electricity Co. Ltd cannot seek recovery of electricity dues from the petitioner. The contention that the property has been purchased subject to all risks would not be applicable in this case in view of the legal position discussed above.
Gujarat High Court Cites 15 - Cited by 5 - K Jhaveri - Full Document

Shree Ramdoot Rollers Private Limited vs Damodar Valley Corporation & Ors on 19 June, 2019

sale conducted by the Official Liquidator on "as-is- where-is" and "whatever-there-is" basis was found not liable for payment of the electricity arrears. In the said case an advertisement was issued by the Official Liquidator for sale of movable and immovable property of M/s Konark Paper and Industries Limited on "as-is-where-is" and whatever-there-is basis. The auction-purchaser applied for a fresh electricity connection to its unit which was denied on the ground of non-payment of arrears by the past owner. After considering the judgments in Ahmedabad Electricity Co. [Ahmedabad Electricity Co. Ltd. v. Gujarat Inns (P) Ltd., (2004) 3 SCC 587] and Isha Marbles [Isha Marbles v. Bihar SEB, (1995) 2 SCC 648] , this Court held that the request of the auction- purchaser for a fresh connection could not have been rejected.
Calcutta High Court (Appellete Side) Cites 14 - Cited by 1 - R Mantha - Full Document

Torrent Power Aec Ltd. vs Shreeji (Rakhial) Commercial ... on 1 May, 2006

In support of the submissions the learned Counsel also placed reliance on the observations made by the Apex Court in Paragraph No. 3 of the judgment in case of Ahmedabad Electricity Company Ltd. v. Gujarat Inns Pvt. Ltd. & Ors. (supra) to submit that the wide proposition of law laid down in M/s. Isha Marbles v. Bihar State Electricity Board case (supra) called for re-consideration.
Gujarat High Court Cites 10 - Cited by 17 - Full Document

M/S Ramson Remedies vs Punjab State Power Corpn Ltd on 26 May, 2016

Having considered the submissions made by learned counsel for the appellant and appraisal of the record of the case and grounds of appeal, this Court is of the considered view that present regular second appeal is against concurrent findings of facts having been recorded by the Courts below, whereby findings have been recorded that on the basis of affidavit, plaintiff had undertaken to pay the bill amount, if any due towards M/s Sethi Industries and as such defendant was entitled to recover the amount. The said findings of fact do not call for any interference by way of present regular second appeal. The facts of the instant case are distinguishable from 3 of 5 ::: Downloaded on - 01-06-2016 00:02:40 ::: Regular Second Appeal No. 2520 of 2016 (O&M) 4 the facts of the judgments rendered by the Hon'ble Apex Court in cases Ahmedabad Electricity Co. Ltd. v. Gujarat Inns Pvt. Ltd., Haryana State Electricity Board v. M/s Hanuman Rice Mills Dhanauri (supra) and views taken by the Full Bench of Gujarat High Court in Sanjay Balavantrai Desi v. Dakshin Gujarat Vij Company Ltd.(supra) and Division Bench of this Court in Rayat Educational and Research Trust v. Punjab State Electricity Board (supra).
Punjab-Haryana High Court Cites 6 - Cited by 0 - S Dhawan - Full Document
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