Saibaba Associates vs Uttar Gujarat Vij Company Ltd Thro ...
2023 Latest Caselaw 5617 Guj

                                                                                     NEUTRAL CITATION




     C/SCA/292/2012                                   ORDER DATED: 03/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 292 of 2012

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                     SAIBABA ASSOCIATES
                           Versus
  UTTAR GUJARAT VIJ COMPANY LTD THRO DEPUTY ENGINEER & 1
                           other(s)
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Appearance:
MR TEJAS M BAROT(2964) for the Petitioner(s) No. 1
MS LILU K BHAYA(1705) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 03/08/2023

                                ORAL ORDER

Heard Mr. Tejas M. Barot, the learned advocate appearing for the writ-applicant and Ms. Lilu K. Bhaya, the learned advocate appearing for the respondent No.2.

By way of present writ-application the writ-applicant has prayed for electricity connection to the writ-applicant herein without insisting to make the payment of the outstanding dues of the erstwhile/owner viz. M/s Karan Fibers & Fabrics Ltd.

In the opinion of this Court, the aforesaid issue stands covered by the judgment rendered by the Hon'ble Apex Court in the case of K. C. Ninan vs. Kerala State Electricity Board and Ors., reported in 2023 SCC OnLine SC 663 wherein Issue No.(d) in para-24 is answered by the Hon'ble Apex Court at para-146, wherein it is held that dues of the erstwhile owner

NEUTRAL CITATION

C/SCA/292/2012 ORDER DATED: 03/08/2023

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are required to be paid by the prospective auction purchaser.

In view of aforesaid ratio as laid down by the Hon'ble Apex Court, no interference is called for to exercise extraordinary jurisdiction under Article 226 of the Constitution of India.

The present writ-application stands disposed of accordingly. Rule is discharged.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED