Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the appellant was entitled to a refund or set-off on account of tariff revision reflected in revised bills after approval of the resolution plan, and whether any relief could be granted contrary to the amounts fixed under the approved plan.
Analysis: The revised bills issued after the tariff orders were found to be for adjustment of the respondent's internal accounts and for determining the reduced receivable or bad debt position, not for raising a fresh demand against the appellant. The approved resolution plan had already fixed and confined the pre-CIRP liability, and claims not forming part of the plan stood extinguished on approval. Reduction in tariff could at best affect the accounting of the outstanding dues and could not create a refundable amount in favour of the appellant. The appellant also did not show any enforceable demand beyond the amount settled under the plan.
Conclusion: The appellant was not entitled to any refund or further relief on the basis of tariff revision, and the rejection of the application was .
Final Conclusion: The approved resolution plan remained binding, the revised tariff entries did not confer a refundable claim on the appellant, and the appeal failed.
Ratio Decidendi: Once a resolution plan is approved, pre-CIRP claims stand confined to the plan and cannot be reopened or converted into a refund claim on the basis of later accounting adjustments or tariff revisions.