SAPTHAGIRI PEE GEE FRUITS PROCESSING P LTD Vs. UCO BANK

JUDGEMENT

(1.) THIS Miscellaneous Appeal is filed by the appellant/third party purchaser/auction purchaser M/s. Sapthagiri Pee Gee Fruits Processing (P) Ltd., being aggrieved by the common order dated 24.12.2003 passed by the learned Presiding Officer of DRT-I, Chennai, on the Interim Application IA No. 750/2002. By the impugned order the learned Presiding Officer rejected the application made by the auction purchaser in which a prayer was sought that the DRT should pass order directing the Recovery Officer/Bank that the amount of Rs. 2,91,255/- out of Rs. 75 lakhs deposited by the auction purchaser towards the sale proceeds, be paid directly to the Tamil Nadu Electricity Board (for the sake of brevity hereinafter referred to as TNEB), Dharmapuri Circle, Dharmapuri. Apprehension was expressed that if these arrears of electricity were not paid, then the auction purchaser might face disconnection of electricity supply.

(2.) Few facts which are required to be stated are as follows:

(3.) CLAUSE 6.10 of the terms and conditions of supply of electricity of TNEB specifically says that in such a contingency the intending purchaser has to pay the arrears. CLAUSE 6.10 can be reproduced below for the sake of convenience: