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Appellate Tribunal: IRP can pay electricity charges accrued in moratorium, Corporate Debtor not liable. The Appellate Tribunal allows the Interim Resolution Professional (IRP) to pay outstanding electricity charges accrued during the moratorium period to the ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Appellate Tribunal: IRP can pay electricity charges accrued in moratorium, Corporate Debtor not liable.
The Appellate Tribunal allows the Interim Resolution Professional (IRP) to pay outstanding electricity charges accrued during the moratorium period to the respondent, Maharashtra State Electricity Distribution Company Limited. Upon payment, the respondent must restore the electrical connection within 48 hours. The judgment specifies that the Corporate Debtor is not liable for pre-moratorium dues, which can be addressed in the Resolution Plan. The IRP is directed to ensure timely payment of monthly electricity charges to avoid service disruptions. Failure to comply may result in appropriate action by the respondent.
Issues: Restoration of electrical connection for Corporate Debtor due to unpaid electricity charges during moratorium period.
Analysis: The judgment pertains to the restoration of electrical connection for the Corporate Debtor, subject to the payment of outstanding electricity charges accrued during the moratorium period. The respondent, Maharashtra State Electricity Distribution Company Limited, is willing to restore the connection if the amount due for electricity consumption from the date of moratorium (17.01.2017) till September 2017 is paid. The Appellate Tribunal allows the Interim Resolution Professional (IRP) to make the payment towards the electricity charges owed to the respondent for the specified period. Upon receipt of the payment, the respondent is obligated to restore the electrical connection within 48 hours to ensure the continuous operation of the company. Additionally, the IRP is directed to pay the monthly electricity charges moving forward to avoid any disruption in service. Failure to make these payments may lead to appropriate action by the respondent.
Furthermore, the judgment clarifies that the Corporate Debtor or the Resolution Professional are not responsible for settling any dues predating the moratorium order. These outstanding dues can be addressed during the payment process to the creditors as part of the Resolution Plan. The appeals in question are disposed of with the aforementioned directions and observations, ensuring the timely payment of electricity charges and the uninterrupted functioning of the Corporate Debtor.
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