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The HC issued mandamus directing respondent electricity board to reconnect H.T. services to petitioner's Unit III within one month of completing technical formalities. Petitioner, a successful resolution applicant under an approved CIRP resolution plan, had remitted 1% of admitted statutory dues (Rs.7,74,780/- against Rs.7,74,78,027/-) as stipulated by NCLT order dated 06.12.2021. The court held that respondent's demand for pre-CIRP arrears through order dated 24.09.2024 was impermissible, violating the finality of the resolution plan approved under IBC 2016. Relying on Gyansham Mishra and Tata Power precedents, the court ruled that successful resolution applicants cannot be compelled to pay amounts exceeding those specified in NCLT-approved resolution plans, as respondent had participated in the resolution process and accepted the settlement terms.
The HC issued mandamus directing respondent electricity board to reconnect H.T. services to petitioner's Unit III within one month of completing technical formalities. Petitioner, a successful resolution applicant under an approved CIRP resolution plan, had remitted 1% of admitted statutory dues (Rs.7,74,780/- against Rs.7,74,78,027/-) as stipulated by NCLT order dated 06.12.2021. The court held that respondent's demand for pre-CIRP arrears through order dated 24.09.2024 was impermissible, violating the finality of the resolution plan approved under IBC 2016. Relying on Gyansham Mishra and Tata Power precedents, the court ruled that successful resolution applicants cannot be compelled to pay amounts exceeding those specified in NCLT-approved resolution plans, as respondent had participated in the resolution process and accepted the settlement terms.
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