Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Liability of auction purchaser Electricity dues |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Electricity Act, 2003 (36 of 2003) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Electricity: Electricity dues – Liability of auction purchaser to pay electricity dues of previous owner of purchased unit – In the instant case, auction notice clearly stated that the unit was being sold on ‘as is where is, what is there is and without any recourse’ basis and that the Authorised Officer carrying out the auction absolved himself of the liability for any charge, lien, encumbrance, property tax dues and electricity dues etc. – Auction purchaser applied to appellant-Electricity Department for sanction of connection for running the unit which was refused on the ground that there were previous electricity dues – The Electricity Department asserted its right to recover the dues from the new purchaser based on clause 5.9.6 and 8.4 of General Terms and Conditions of Supply of Distribution and Retail Supply Licensees in AP – Held: Since in the auction notice, existence of electricity dues was specifically mentioned as a liability of new purchaser and that the sale was on ‘as is where is, what is there is and without any recourse’ basis, the Electricity Department was well within its right to demand dues of the last owner from the respondent purchaser.Electricity: Electricity dues partake the character of statutory dues under Electricity Act, 2003 r/w General Terms and Conditions of Supply – Therefore, they cannot be waived in view of provisions of the Act itself more specifically s.56 of Electricity Act, 2003 (in pari materia with s.24 of Electricity Act, 1910) and cannot partake the character of dues of purely contractual nature. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 410 |
Petitioner | Telangana State Southern Power Distribution Company Limited & Anr. |
Respondent | M/s Srigdhaa Beverages |
SCR | [2020] 4 S.C.R. 295 |
Judgement Date | 2020-06-01 |
Case Number | 1815 |
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