2017 (7) TMI 1370

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....or the Respondent : V. Giri, Sr. Adv., Y. Raja Gopala Rao, Nagarjuna Babu and K. Sharat Kumar, Advs. JUDGMENT L. Nageswara Rao, J. 1. The Writ Petition filed by Respondent No. 1 challenging the action of the Appellants in not releasing the Low Tension (domestic) Power Supply was allowed by a Single Judge of the Andhra Pradesh High Court. The appeal filed by the Appellants was dismissed by....

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....le was issued by the authorised officer of the Respondent-Bank on 12.04.2006 and the delivery and possession of the property sold was made free from all encumbrances known to the secured creditor on receipt of Rs. 1,12,50,000/-. 3. Appellant No. 3, the Superintending Engineer, Operation Circle Medak, informed the Respondent-Bank that an amount of Rs. 1,88,23,185/- was due towards electricity ch....

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....payment of arrears payable by the previous owner of the property. The learned Single Judge of the High Court of Andhra Pradesh relied upon two judgments of this Court in Ahmedabad Electricity Co. Ltd. v. Gujarat Inns (P) Ltd. (2004) 3 SCC 587 and Isha Marbles v. Bihar State Electricity Board (1995) 2 SCC 648. 5. A Division Bench of the High Court confirmed the judgment of the Single Judge by di....

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....said judgment that an auction purchaser cannot be called upon to clear the past arrears. It was also held that a power connection to an auction purchaser cannot be withheld for the dues of the past owner. The High Court also referred to a judgment in Ahmedabad Electricity Company Limited (supra) wherein the ratio of the judgment in Isha Marbles case was reiterated, particularly with reference to a....