• Denial of EB connection

I have applied for a LT eb connection in my company's name. The eb department has rejected the application saying there is a court case pending in my personal name in the adjoining survey number and hence cannot grant connection. The applicant is my company and I am the MD. The pending court case is in my name where the EB is also a party and its in the adjoining survey number. The application where i need the connection is another survey number. Is the eb departments stand legal and how do i proceed to get my connection
Asked 3 years ago in Civil Law from Coimbatore, Tamil Nadu
1) company is a distinct legal entity 

2)_ merely because court case is pending against you in you personal capacity is no ground to deny you electricity connection 

3)  The Electricity Board is a statutory authority and is a State within the meaning of Article 12 of the Constitution of India. It has monopoly in the matter of supply of electrical energy. It has statutory obligation to supply electrical energy to any person if requisition is made therefor subject to fulfilment of condition as required under the law. Therefore, its action must pass the test of fairness and reasonableness.

4) you will have to file writ petition to challenge decision of EB to refuse you electricity connection 
Ajay Sethi
Advocate, Mumbai
46845 Answers
2770 Consultations

5.0 on 5.0

1. it  is unjustifiable that the electricity board rejected  your application which was filed by the company.

2. You should  file writ petition in high court challenging the act of the EB, 

3. You as an individual capacity is liable for the wrong doings of your personal actions, where as the company if represented by you as its MD is a separate entity and the rejection by the EB is not justifiable, it has to be challenged.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1. The pendency of the case against you in a court of law does not have any nexus with the EB connection in your company's name. 

2. You and the company are two different entities. 

3. Issue a lawyer's notice to the EB department for obtaining the connection. If the notice from your lawyer does not produce the desired result then you may move to court to get the connection for your company.
Ashish Davessar
Advocate, Jaipur
23166 Answers
641 Consultations

5.0 on 5.0

You have to apply to the EB in writing and get a reply in writing rejecting the application, after that you have to approach civil court with  a suit for mandatory injunction  and also direction to the EB  for giving you the desired electricity connection. Your suit should strongly word with the facts differentiating the pending  suit to that of a new connection to a new survey number, though the MD and the company are one and same.
Consult a local lawyer and proceed with the steps suggested or as per the lawyer's suggestion on further issues.
T Kalaiselvan
Advocate, Vellore
36996 Answers
403 Consultations

5.0 on 5.0

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