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august 2008

Supreme Court of India · 2008-08-25

Dakshin Haryana Bijli ... vs M/S Excel Buildcon Pvt.Ltd.& Ors

Citation / case number
AIRONLINE 2008 SC 307
Court
Supreme Court of India
Petitioner
Dakshin Haryana Bijli ...
Respondent
M/S Excel Buildcon Pvt.Ltd.& Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that Clause 21-A of the Terms and Conditions of Supply mandates the payment of electricity dues, and the High Court's unconditional stay was legally unsustainable. The Court distinguished the earlier judgment in Isha Marbles vs. Bihar State Electricity Board, emphasizing that the validity of Clause 21-A was not challenged in that case. The Court directed Respondent No.1 to deposit a further sum of Rupees twenty five lakhs, modifying the High Court's order to allow the stay contingent upon timely payment.

Dakshin Haryana Bijli ... vs M/S Excel Buildcon Pvt.Ltd.& Ors · Niyam