HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No.46 of 2009 Dimond Entertainment Technology Pvt. Ltd. ……….Appellant Versus Uttaranchal Power Corporation Ltd. …….Respondents Mr. H.M. Bhatia, Advocate holding brief of Mr. Arvind Vashistha, Advocate for the appellant. Mr. Lok Pal Singh, Advocate for the respondent. Coram: Hon’ble V.K.Gupta, C.J. Hon’ble V.K. Bist, J. V.K. Gupta,C.J. (Oral) CLMA No.1512 of 2009 (Delay Condonation Application) For the reasons stated, the delay condonation application is allowed. The delay in filing the appeal is condoned. The Special Appeal shall be treated to have been filed in time. The application stands disposed of. Special Appeal No.46 of 2009 Our attention has been invited to judgment dated 22nd May, 2008 passed by the Division Bench of this Court in Special Appeals No.25/2008 and 198/2007 wherein the Division Bench has held and laid down that the auction purchaser of the property who has nothing to do with the previous owner and who is not the dealer and reincarnation of the previous owner, is not liable to pay dues of previous owner. It is admitted by the learned counsel for both the parties that this judgment and the ratio laid therein is squarely applicable to the present case. In the present case, the learned Single Judge vide the impugned judgment has directed the appellant to pay Rs.10 lacs 2 to the respondent corporation as a condition preceding for sanctioning the electric connection. As in the aforesaid two Special Appeals, in the present case also it is not the condition of the respondent that the appellant, who was an auction purchaser, has had anything to do with the previous owner. Following the analogy in the aforesaid Division Bench judgment, we allow this appeal, set aside the impugned judgment and direct the respondent to grant electric connection to the appellant without insisting on any payment of dues of the previous owner but subject to the appellants paying all the normal charges. Appeal is allowed. No order as to costs. (V.K. Bist, J.) (V.K. Gupta, C.J.) 27.03.2009 NCM/Arti