ASSAM POWER DISTRIBUTION CO. LTD. Vs. MANTRI TEA CO. PVT. LTD. AND ANR.
LAWS(GAU)-2018-5-155
HIGH COURT OF GAUHATI
Decided on May 03,2018

Assam Power Distribution Co. Ltd. Appellant
VERSUS
Mantri Tea Co. Pvt. Ltd. And Anr. Respondents

JUDGEMENT

P.K.DEKA, J. - (1.) Heard Mr. A.D. Choudhury, the learned Standing Counsel, Assam Power Distribution Co. Ltd. (APDCL) and Mr. S.K. Kejriwal, the learned counsel appearing on behalf of the respondents.
(2.) This appeal is directed against the judgment and order dated 15.07.2013, passed in WP(C) No.5349/2006, by the learned Single Judge preferred by the respondent APDCL therein the said writ petition.
(3.) The writ petitioners/respondents purchased Pathini Tea Estate in the district of Karimganj in auction sale while its erstwhile owner of the said tea estate namely, Tea Trading Co. Ltd. was in liquidation. The properties and assets of the said tea estate were put up for auction sale by the Official Liquidator appointed by the Calcutta High Court. The writ petitioners/respondents after filing Company Application in the said pending company petition deposited the entire amount and purchased the entire assets of the said tea estate. The said sale proceeding took place in the year 2006 and prior to that, the electricity supply to the said Pathini Tea Estate was disconnected on 04.12.2000 as the erstwhile owner failed to pay the bills raised against the consumption of electricity. The writ petitioners/respondents after purchasing the said tea estate, sought for restoration of the supply of electricity in the tea estate and vide letter dated 23.09.2006 the APDCL declined to restore the electricity supply unless the outstanding dues were cleared which comes to Rs. 61 lakhs. Challenging the said action of the APDCL the writ petition was filed.;


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