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.