Statutory liability under the Indian Electricity Act, 1910 ...
Power company's right to recover unpaid charges lapses if unreasonable delay in issuing notice.
Case Laws Indian Laws
November 6, 2024
Statutory liability under the Indian Electricity Act, 1910 survives after the Electricity Act, 2003's enforcement. The limitation period u/s 56 of the 2003 Act applies to liabilities arising under that Act, not prior. Section 24 of the 1910 Act allows disconnection for non-payment without prescribing a limitation period. However, the licensee's right to claim unpaid charges lapses if notice u/s 24(1) is unreasonably delayed beyond the period for filing a recovery suit. The High Court's judgment allowing the appeal was unsustainable, and the Supreme Court set it aside, allowing the civil appeal.
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