FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1523 OF 2011 "Rajkumar Steels and Alloys Pvt. Ltd. Jalna Vs. M.S.E.B. and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. P.K. Joshi, Advocate for petitioner. Mr. S.M. Godsey, Advocate for respondent No.1. Mr. C.R. Baraswadkar, Advocate for respondent No.3. CORAM :- B.R. GAVAI & M.T. JOSHI, JJ. DATE :- 29TH AUGUST, 2011. PER COURT :- 1] Heard. Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2] By way of present petition, the petitioner is seeking direction to the respondent NO.1 to transfer the electricity connection in the name of the petitioner's company. 3] It appears that there are certain dues of the respondent No.1 with the respondent No.2. On account of the said dues, the electricity connection which was in the name of respondent No.2 is not being transferred in the name of the petitioner, even though the petitioner has purchased the property in question from respondent No.2. 4] An undertaking has been filed by the petitioner to the effect that in case the suit filed by respondent No.1 against respondent No.2 is decreed, he will pay the amount as per the decree to respondent No.1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1523 OF 2011 "Rajkumar Steels and Alloys Pvt. Ltd. Jalna Vs. M.S.E.B. and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 5] Shri Godse, however, submits that in view of the regulations under the Electricity Act, 2003, the respondent No.1 has a charge over the property in so far as the dues for preceding 6 months are concerned. 6] In that view of the matter, we dispose of the petition with a direction to the petitioner to produce the undertaking on a Non-judicial stamp paper of Rs.100/- before the respondent No.1 as required by them, to the effect that in the event, the challenge to the regulations, which is pending before the Apex Court, by way of Appeal Nos. 5312/2003 and 5313/2003 is rejected by the Apex Court, the petitioner shall make payment of the dues for the period of 6 months preceding the date on which the arrears are incurred. 7] It is directed that on such undertaking being filed, the respondent No.1 shall transfer the connection in the name of the petitioner, within a period of 1 month from the date of filing of the undertaking. 8] Rule is disposed of in aforesaid terms with no orders as to costs. grt/- [M.T. JOSHI,J.] [B.R. GAVAI, J.]