Petitioner sought waiver of electricity arrears and fresh supply for 20% share of purchased plots. Court held waiver claim not maintainable due to outstanding dues and sold majority of land.
Petition dismissed; new application for fresh connection regarding 20% share directed to be dealt with per rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp3705-11.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO.3705/2011
M/s Shainavi Infrstructure Pvt.Ltd. through Auth.officer. .. Petitioner
Versus
1] The State of Maharashtra and others ... Respondents
Mr.Vinod Patil,Adv.for petitioner. Mr.D.R.Korde,AGP for respondent State. Mr.S.M.Godsay,Adv.for respondent no.3 & 5.
CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ. DATE : 19th DECEMBER, 2011
ORAL ORDER :
1] Heard. The petitioner seeks direction to respondent
authorities to give fresh electricity supply by setting aside the impugned communication dated 9/3/11. The respondent nos.2 to 5 in their affidavit in reply, submit as under ;
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"9] As regards the proposal from the petitioners, it is submitted that original consumer of the answering respondents was one M/s Keshriya Spinners. It was holding plot Nos.57, 58 and 59 together and the connection was given to all these three plots together. The petitioners have purchased all three plots under liquidation sale, however, consequently sold more than 80% of the land to third party and kept only 20% land out of the purchase land with them. Thus, in this situation the claim of the petitioners that the entire arrears of the erstwhile owner M/s Keshriya spinners has to be waived is not only correct, but the same is also not in consonance with the provisions of Electricity Act. As a matter of fact, there are arrears of Rs.21.18 lakhs.
10] I say that in view of the above, the condition 10.5 in Supply Code 2005 issued by Maharashtra State Electricity Regulatory Commission would also not come to the rescue of the petitioners. So, also benefit of commercial circular No.53 cannot be extended in favour of the petitioners. As per Regulation 10.5 of the Supply Code, the petitioners will have to pay first arrears of the preceding six months of the disconnection. The said regulation also creates a right of the licensee on the property of the defaulter consumer. The Commercial Circular 53 says about undertaking to be furnished in addition to the claim under regulation 10.5 subject to the decision of the Apex Court in the pending appeals. The proposal of the petitioners was
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forwarded to the higher Officers, who have declined to give or sanctioned connection unless arrears are cleared by their communication dated 09.03.2011."
2] Perusal of Deed of Assignment between M/s M/s Shainavi
Infrstructure Pvt.Ltd. and M/s Pritisthan Alloys Pvt. Ltd. includes the clause stating therein that the assigner company would be assigning and transferring its leasehold interest over the industrial plots to the extent of plot nos.57-2, 58 and 59 from M.I.D.C. Chikhalthana area interalia, subject to the payment of all rents, taxes, assessments, other dues and duties like water bills, power bills and other dues and charges now chargeable or which may become due and payable from time to time hereinafter to the respondent authorities.
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the petitioner no.1 may apply to the respondents for fresh electricity connection in respect of 20% share of the petitioner in the subject property. In case such an application is made, the respondents shall deal with the said application in accordance with rules and regulations.
(T.V.NALAWADE, J.) (NARESH H. PATIL,J.)
umg/wp3705-11
1 issue framed by the court
whether a new entity purchasing plots under liquidation sale is entitled to waiver of arrears of the erstwhile owner and fresh electricity connection
M/s Shainavi Infrstructure Pvt.Ltd.
The State of Maharashtra
NARESH H.PATIL
T.V.NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
