2025 (6) TMI 1672 - SCH - IBC

State electricity company loses appeal as highest court upholds tribunal decision dismissing all pending applications

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Versus TWENTYONE SUGARS LIMITED

The SC dismissed the civil appeal filed by the state electricity distribution company. The Court, comprising two justices, found no legal error in the ... Dismissal of application for refund of payment made, under protest, towards pre-CIRP electricity dues by the Successful Resolution applicant (SRA) to the Respondent, for the restoration of the Corporate Debtor’s electricity connection, in order to revive the Corporate Debtor in terms of, and in compliance with, the Resolution Plan - scope of Section 60(5)(c) of the IBC - it was held by NCLAT that 'the payment of pre-CIRP dues by the appellant was paid under protest and under protection of the order of the Ld. NCLT and thus it related to the revival of the Corporate Debtor in terms of the Resolution Plan and to the Insolvency Resolution Process, hence the claim for refund of such amount is a matter which can be adjudicated under Section 60(5)(c ) of the IBC.' HELD THAT:- No error not to speak of any error of law could be said to have been committed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi in passing the impugned order. The Civil Appeal is, accordingly, dismissed. The Supreme Court, through Justices J. B. Pardiwala and R. Mahadevan, heard the appeal filed by Maharashtra State Electricity Distribution Company Limited. After considering submissions and the record, the Court held that 'no error not to speak of any error of law could be said to have been committed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi in passing the impugned order.' Consequently, the Civil Appeal was dismissed, and all pending applications were disposed of.