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june 2020

Supreme Court of India · 2020-06-01

Telangana State Southern Power ... vs M/S Srigdhaa Beverages

Citation / case number
AIR 2020 SUPREME COURT 2676
Court
Supreme Court of India
Petitioner
Telangana State Southern Power ...
Respondent
M/S Srigdhaa Beverages
Author
Sanjay Kishan Kaul
Bench
Sanjay Kishan Kaul, K.M. Joseph, Krishna Murari

Judgment text excerpt

The Supreme Court held that under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the auction-purchaser is not liable for the previous owner's electricity dues as the sale was conducted on an 'AS IS WHERE IS' basis. The Court emphasized that the terms of the auction clearly stated that the successful bidder would bear all statutory dues, but did not extend this liability to pre-existing dues of the previous owner. The Court ruled in favor of the respondent, affirming that the liability for past dues does not transfer with the sale of the property.

Telangana State Southern Power ... vs M/S Srigdhaa Beverages · Niyam