2004 (3) TMI 411

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Ranjeet Kumar, Bhargava, V. Desai, Sanjeev Kumar Singh, Pradeep Kumar Malik, P.H. Parekh, Rohit Alex, Ms. Ranjeet Rohtagi, M.N. Shroff, Chirag M. Shroff, Ms. Jayashree Wad, Ms. Yugandhara P. Jha and Jyotinder Adersha for the Appearing Party. ORDER 1. The respondents in the two appeals before us are auction purchasers of urban properties in the sales held in one case under section 29 of the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ous owners. 2. A three-Judge Bench decision of this Court in Isha Marbles v. Bihar State Electricity Board [1995] 2 SCC 648 supports the respondents and has been followed by the High Court. Mr. Harish N. Salve, the learned senior counsel for the appellant submitted that the decision in Isha Marbles' case (supra) does not lay down the correct law and needs reconsideration. In particular, the lea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....connections are treated as fresh connections given on the dates on which the supply of electricity was restored to the premises. We are clearly of the opinion that in case of a fresh connection though the premises are the same, the auction purchasers cannot be held liable to clear the arrears incurred by the previous owners in respect of power supply to the premises in the absence of there being a....