(PER : HONOURABLE MR.JUSTICE JAYANT PATEL) It has been submitted by the learned counsel for the appellant Mr. Parikh that the Full Bench of this Court in Special Civil Application No.2582/12 vide order dated 03.12.2012 has struck down Regulation 4.1.11 as ultra vires to the provisions to the provisions of Sections 43, 50, 56 and 181(2) (x) of the Electricity Act and therefore, now the electricity company will not be in a position to maintain the demand from the purchaser of the property in respect of the dues of the earlier owner.
Whereas, Ms.Bhaya, learned counsel states that the matter has been carried before the Apex Court by preferring SLP (Civil) No. 37871/12 against the aforesaid decision of the Full Bench and vide order dated 11.12.2012, the judgment of the Full Bench has been stayed and the matter is pending before the Apex Court.
Under the circumstances, we find that the issue may be required to be considered after the decision of the Apex Court or in any case upto the aspect of stay is finalised by the Apex Court against the decision of the Full Bench of this Court. Since OJ Appeal No.7/12 has not been admitted, Admit.
Both the appeals shall be listed for final hearing on 18.02.2013.
(JAYANT PATEL, J.) (MOHINDER PAL, J.) BIJOY Page 2 of 2