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Supreme Court of India 2017-07-27 dismissed

Southern Power Distribution Company of Telengana Ltd. & Ors vs Gopal Agarwal & Ors

Bench: 2 — L. Nageswara Rao

In Brief

The appellant electricity distribution company denied a fresh power connection to the respondent, an auction purchaser, claiming the previous owner owed arrears. The High Court allowed the respondent's writ petition. The Supreme Court upheld this decision, holding that an auction purchaser purchasing on an 'as is where is' basis cannot be required to pay the previous owner's electricity arrears, nor can a fresh connection be withheld on this ground. The Court followed precedent establishing that utility dues attach to the actual consumer, not to subsequent purchasers unless they have explicitly undertaken to pay.

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Electricity Law Property Rights Consumer Protection Auction Sales SARFAESI Act

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