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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

An auction purchaser bought property under SARFAESI Act proceedings and applied for a domestic electricity connection. The electricity board denied the connection because the previous owner had outstanding arrears. The Supreme Court upheld the High Court's judgment granting the connection. The Court held that auction purchasers cannot be burdened with past arrears of previous owners, particularly when property is sold on an 'as is where is' basis. Fresh electricity connections must be granted to auction purchasers unless other specific grounds for denial exist. The appeal was dismissed.

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Electricity Law Auction Sales Consumer Rights SARFAESI Act

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