ISHA MARBLES BIHAR STATE ELECTRICITY BOARD CHAIRMAN BIHAR STATE ELECTRICITY BOARD BIHAR STATE ELECTRICITY BOARD BIHAR STATE ELECTRICITY BOARD Vs. BIHAR STATE ELECTRICITY BOARD:WAXPOL INDUSTRIES:SUMAN PACKAGING P LTD

JUDGEMENT

(1.) Leave granted.

(2.) All these appeals can be dealt with by a common judgment since the issue that arises for our consideration is one and the same, namely, whether the auction purchaser is liable to meet the liability of old consumer or electricity to the premises which is purchased by him in the auction sale from Bihar State Financial Corporation (hereinafter referred to as the Corporation) under Section 29 (1) of the Bihar State Financial Corporation Act, 1951 (herein after referred to as the Corporation Act)? Civil Appeal No. 1418 of 1995 (Arising out of SLP No. 617 of 1992 (M/s.) Isha Marbles.

(3.) In this case, the appellant is a purchaser of the mortgaged assets of M/s. Patel Industries, Daltonganj in an open auction sale held by the Corporation Act. The appellant has paid a substantial sum towards the said transaction and thereafter got the possession of the industry on 31 -1 -1991. However, the electrical connection of the premises was disconnected when the appellant got possession of the said unit. The appellant was called upon to the discharge all the liabilities of the previous consumer. This was challenged in C. W. J. C. No. 1536 of 1991 before the High Court of Patna, Ranchi Bench, Ranchi. The stand taken by the writ petitioner before the High Court was, there is a transfer of a unit; it had not been supplied with electricity; hence, it had no occasion to consume electricity; and as transferee it is not liable for energy consumed before such transfer. The writ petition was dismissed by a Division Bench of the High Court holding that the Bihar State Electricity Board (hereinafter referred to as the 'Board') would be entitled to take action in accordance with law.