CIRP electricity charges cannot be stayed where subsidy reimbursement remains sub judice and statutory funding is absent.

The Tribunal held that electricity bills raised for consumption during CIRP could not be kept in abeyance where the Corporate Debtor's subsidy or reimbursement claim was already pending before the High Court. It found that any concession under the policy could operate only within the statutory framework, and that the distribution company could not unilaterally waive or vary tariff without the State Government making the required financial arrangement. On those facts, the Tribunal refused to grant an indirect suspension of current charges and rejected the request for interim relief against recovery of the bills.

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Issues: Whether the Tribunal could direct that electricity bills raised on the Corporate Debtor be kept in abeyance during the CIRP and pending disposal of the writ petition, and whether such relief could be granted when the entitlement to subsidy or reimbursement was still under adjudication before the High Court.

Analysis: The relief sought was a direction against payment of current electricity charges during CIRP. The Tribunal found that the Corporate Debtor had already approached the High Court on the same reimbursement issue and that the matter was sub judice. It further noted that any subsidy or concession under the applicable policy could operate only in the manner contemplated by the statutory framework, and that the distribution company could not on its own waive or vary tariff in the absence of the State Government making the required financial arrangement. On those facts, the Tribunal held that it could not prevent recovery of electricity charges for consumption during CIRP or grant an indirect suspension of bills.

Conclusion: The request to keep electricity bills in abeyance was rejected, and the Tribunal held that the Corporate Debtor remained bound to pay the current electricity charges raised during CIRP.

Ratio Decidendi: A tribunal cannot interdict collection of current electricity charges during CIRP or grant subsidy-linked relief that is already pending adjudication before another forum, especially where the statutory scheme requires governmental funding or reimbursement before the concession can be operationalised.

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