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august 2010

Supreme Court of India · 2010-08-20

HARYANA STATE ELECTRICITY BOARD vs M/S. HANUMAN RICE MILLS DHANAURI .

Citation / case number
SC 2006/8347
Court
Supreme Court of India
Petitioner
HARYANA STATE ELECTRICITY BOARD
Respondent
M/S. HANUMAN RICE MILLS DHANAURI .
Author
R. V. RAVEENDRAN
Bench
R.V. RAVEENDRAN,H.L. GOKHALE, , ,

Judgment text excerpt

The Supreme Court held that an auction purchaser cannot be held liable for the electricity dues of the previous owner unless explicitly stated in the sale terms. The court referenced the precedent set in Isha Marbles vs. Bihar State Electricity Board (1995) 2 SCC 648, affirming that the liability for electricity charges does not transfer to the new owner. The appeal by the Haryana Financial Corporation was dismissed, upholding the lower court's ruling that the demand for payment was barred by limitation and not applicable to the auction purchaser.

HARYANA STATE ELECTRICITY BOARD vs M/S. HANUMAN RICE MILLS DHANAURI . · Niyam