TORRENT POWER LIMITED Vs. ABHISAR DEVELOPERS

JUDGEMENT

(1.) These matters have been referred to a Larger Bench by a Division Bench presided over by the then the Chief Justice by order dated 1st August 2011 as Their Lordships were of the view that having regard to the provisions contained in Sections 43 and 45 of the Electricity Act, 2003 ["the Act", hereafter], the judgment rendered by a Division Bench of this Court in the case of TORRENT POWER v. SHREEJI COMM. CO -OP. HO. SO. reported in 2006 [3] GLR 1944 requires reconsideration.

(2.) The facts giving rise to the filing of these Letters Patent Appeals are almost identical. However, for the purpose of discussion of the facts, the LPA No. 2240 of 2010 is taken as the lead matter, and the facts may be summed up thus : -

(3.) Mr. Mihir Thakore, the learned Senior Advocate appearing on behalf of the appellant, has strenuously contended before us that the learned Single Judge failed to appreciate the judgment of the Supreme Court in Paschimanchal Vidyut Vitran Nigam Ltd. v. DVS Steels and Alloys Pvt. Ltd. reported in 2009 (1) SCC 210 and Dakshin Haryana Bijili Vitran Nigam Limited v. M/s. Paramount Polymers Pvt. Ltd. reported in JT 2006 (9) SC 349 and other decisions as well as the provisions of the Supply Code made by the Gujarat Electricity Regulatory Commission [GERC] under Section 50 of the Electricity Act, 2003 and other provisions of law. According to Mr. Thakore, his client has every right to impose condition for payment of dues of the earlier owner of the property as a condition for grant of new electric connection to the subsequent purchaser. Mr. Thakore contends that there is no bar in imposing such condition under the law of the land. Mr. Thakore, therefore, prays for setting aside the order passed by the learned Single Judge and for passing a direction upon the respondent to pay all arrears if it intends to get a new electric connection.