- (1.) THIS interlocutory application has been filed on behalf of M/s Leeia Industries - auction purchaser - applicant for a direction on the Jharkhand State Electricity Board (for short "the J.S.E.B.") for providing electrical connection to the Unit purchased by it in the auction sale held by this court in this winding up proceeding.
(2.) IT is submitted that after being successful in auction, the applicant deposited the entire consideration amount with the official liquidator and thereafter possession of the assets of the company under liquidation was handed over to the applicant on 17.7.2009 by the official liquidator. Then it applied for electrical connection on 20.7.2009 but the application was not received by the Electrical Executive Engineer, JSEB and he refused to grant electrical connection on the ground that there is outstanding against the erstwhile company to the tune of Rs. 15 lacs and unless such dues are paid, the electrical connection cannot be provided to the premises in question. Relying on the judgment of Isha Marbles vs. Bihar State Electricity Board [(1995)2 SCC 648] and Al Champdany Industries Ltd. vs. Official Liquidator [(2009)4 SCC 486], it is submitted that the Board cannot raise such objection. On the other hand, Mr. Rajesh Shankar, learned counsel appearing for the JSEB justified the demand of the dues of the erstwhile company from the applicant. He submitted that a certificate case was tiled in the year 1998 -99 for realisation of the said dues which can be recovered as land revenue. He further submitted that the official liquidator should have mentioned about the dues of, JSEB and other dues, if any, on the company under liquidation while publishing notice, so that the purchaser could enquire about such dues before making any offer and, in any event, before making offer, the applicant should have verified about the dues on the company under liquidation including the dues of the JSEB. He relied on the judgment of Paschimanchal Vidyut Vitran Nigam Limited vs. D.V.S. Steels and Alloys (P) Limited [(2009)1 SCC 210] and submitted that the applicant is bound to clear the dues of the company under liquidation for getting electricity connection.
(3.) COUNSEL appearing for the Bihar State Financial Corporation (for short "the BSFC") submitted that the dues of BSFC on the company under liquidation is to the extent of Rupees Three Crores Seventy Two Lacs and odd against which assets of the company under liquidation has been sold only at a meager sum of Rs. 26 lacs over which the BSFC has got 1st charge being secured creditor and JSEB is only an unsecured creditor.;