Tribunal Upholds Electricity Supply Restoration, Extinguishes Pre-Liquidation Charges; Security Deposit Interest Unresolved.

The appeal against the Adjudicating Authority's order dated 04.10.2021, concerning electricity charges and security deposits, was disposed of by the Tribunal on 16.05.2023. The Tribunal upheld the restoration of electricity supply to the Corporate Debtor and the extinguishment of pre-liquidation electricity charges. The Executive Engineer of Uttar Gujarat Vij Company Limited confirmed recovery of dues and readiness to provide a new connection to the Successful Bidder without financial charges, maintaining the security deposit in the Corporate Debtor's name. A subsequent application regarding interest on security deposits was not adjudicated, leaving it to the Adjudicating Authority for resolution.

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Issues involved: Application for relief and concession against the order of Adjudicating Authority regarding electricity charges and security deposits.

The appeal was filed against the Adjudicating Authority's order dated 04.10.2021, which dealt with the application for relief and concession. The Adjudicating Authority directed the restoration of electricity supply to the Corporate Debtor and extinguished all electricity charges accrued prior to the liquidation commencement date. The appeal was filed by the Executive Engineer of Uttar Gujarat Vij Company Limited, and it was disposed of on 16.05.2023. The Executive Engineer stated that all dues on the electricity connection had been recovered, and they were ready to provide a fresh connection to the Successful Bidder without any financial charges. The security deposit was to be continued in the name of the Corporate Debtor. The appeal was disposed of accordingly.

A subsequent application (I.A. No. 3972/2022) was filed by the Executive Engineer, Uttar Gujarat Vij Company Limited, raising concerns about the non-payment of interest on security deposits as per regulations. The issues raised in this application were not presented before the Adjudicating Authority during the appeal. The Tribunal noted the applicant's grievance and stated that if the consideration of the application rules and regulations was not favorable, the applicant could file another application before the Adjudicating Authority for relief.

The Tribunal concluded that the issues raised in the subsequent application could not be entertained or adjudicated by the Tribunal in the appeal. They clarified that they were not expressing any opinion on the merits of the claim in the application and left it to the Adjudicating Authority to decide in accordance with the law. The application was disposed of with these observations.

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