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TMI Blog2018 (4) TMI 1807X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent-writ petitioner in a public auction conducted by Syndicate Bank under the provisions of the SARFAESI Act. It is not even the case of the appellant that, by the auction notice, the respondent-writ petitioner was made aware that they would be liable to pay electricity dues of the previous owner. While the appellants are entitled to recover the dues from the previous owner, they cannot refuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. The respondent herein filed the writ petition seeking a mandamus to declare the action of the appellants herein (respondents in the writ petition), in refusing sanction of the 500 KVA electricity power connection to their firm, on the ground that the dues, payable by the previous owner, should be paid by the petitioner, as illegal, void and against principles of natural justice. As has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they were not liable to pay the dues of the previous owner. Placing reliance on the judgment of the Supreme Court, in M/s. Isha Marbles vs. Bihar State Electricity Board 1995(2) SCC 648 and Southern Power Distribution Company of Telangana Limited vs. Gopal Agarwal Judgment in Civil Appeal No.1918 of 2016 the Learned Single Judge held that the respondent-writ petitioner was not liable to pay the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant that, by the auction notice, the respondent-writ petitioner was made aware that they would be liable to pay electricity dues of the previous owner. While the appellants are entitled to recover the dues from the previous owner, they cannot refuse to grant a fresh power connection to the respondent-writ petitioner, as he has, admittedly, no connection with the previous owner and had purcha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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