1 wp3705-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3705/2011 M/s Shainavi Infrstructure Pvt.Ltd. through Auth.officer. .. Petitioner Versus 1] The State of Maharashtra and others ... Respondents .... Mr.Vinod Patil,Adv.for petitioner. Mr.D.R.Korde,AGP for respondent State. Mr.S.M.Godsay,Adv.for respondent no.3 & 5. ... CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ. DATE : 19th DECEMBER ,2011 ORAL ORDER : 1] Heard. The petitioner seeks direction to respondent authorities to give fresh electricity supply by setting aside the impugned communication dated 9/3/11. The respondent nos.2 to 5 in their affidavit in reply, submit as under ; 2 wp3705-11.odt "9] As regards the proposal from the petitioners, it is submitted that original consumer of the answering respondents was one M/s Keshriya Spinners. It was holding plot Nos.57, 58 and 59 together and the connection was given to all these three plots together. The petitioners have purchased all three plots under liquidation sale, however, consequently sold more than 80% of the land to third party and kept only 20% land out of the purchase land with them. Thus, in this situation the claim of the petitioners that the entire arrears of the erstwhile owner M/s Keshriya spinners has to be waived is not only correct, but the same is also not in consonance with the provisions of Electricity Act. As a matter of fact, there are arrears of Rs.21.18 lakhs. 10] I say that in view of the above, the condition 10.5 in Supply Code 2005 issued by Maharashtra State Electricity Regulatory Commission would also not come to the rescue of the petitioners. So, also benefit of commercial circular No.53 cannot be extended in favour of the petitioners. As per Regulation 10.5 of the Supply Code, the petitioners will have to pay first arrears of the preceding six months of the disconnection. The said regulation also creates a right of the licensee on the property of the defaulter consumer. The Commercial Circular 53 says about undertaking to be furnished in addition to the claim under regulation 10.5 subject to the decision of the Apex Court in the pending appeals. The proposal of the petitioners was 3 wp3705-11.odt forwarded to the higher Officers, who have declined to give or sanctioned connection unless arrears are cleared by their communication dated 09.03.2011." 2] Perusal of Deed of Assignment between M/s M/s Shainavi Infrstructure Pvt.Ltd. and M/s Pritisthan Alloys Pvt. Ltd. includes the clause stating therein that the assigner company would be assigning and transferring its leasehold interest over the industrial plots to the extent of plot nos.57-2, 58 and 59 from M.I.D.C. Chikhalthana area interalia, subject to the payment of all rents, taxes, assessments, other dues and duties like water bills, power bills and other dues and charges now chargeable or which may become due and payable from time to time hereinafter to the respondent authorities. 3] In the light of the facts of the case, the claim of the petitioner no.1 for waiver is not maintainable. There is no merit in the petition. Petition is dismissed. 4] At this stage, learned counsel for the petitioner submits that 4 wp3705-11.odt the petitioner no.1 may apply to the respondents for fresh electricity connection in respect of 20% share of the petitioner in the subject property. In case such an application is made, the respondents shall deal with the said application in accordance with rules and regulations. (T.V.NALAWADE, J.) (NARESH H. PATIL,J.) umg/wp3705-11