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Issues: Whether electricity supplied to a corporate debtor is an essential service protected during the moratorium under the Insolvency and Bankruptcy Code, 2016, and whether the electricity distributor can disconnect supply for non-payment of current consumption charges during that period.
Analysis: Electricity falls within essential supplies under the insolvency resolution regulations, and the moratorium under the Insolvency and Bankruptcy Code is intended to keep the corporate debtor as a going concern. The protection against termination, suspension, or interruption of essential services during the moratorium is inconsistent with disconnection under Section 56 of the Electricity Act, 2003 where the corporate debtor is undergoing corporate insolvency resolution. The Code, being the later enactment with overriding effect under Section 238, prevails to the extent of inconsistency. At the same time, the electricity distributor is not deprived of its claim for dues, which can be lodged with the resolution professional and dealt with in accordance with the Code.
Conclusion: The electricity distributor cannot disconnect supply to the corporate debtor during the moratorium period, and its claim for electricity charges must be processed through the resolution process.
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