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    <title>2022 (5) TMI 1269 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
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    <description>A going-concern liquidation sale of a corporate debtor did not transfer liability for pre-CIRP and CIRP electricity dues to the successful auction purchaser. The auction notice and sale certificate did not impose past electricity liabilities on the buyer, and the supplier had already lodged its claims in liquidation. Pre-CIRP dues were treated as operational debt and electricity consumed during CIRP as insolvency process cost, both payable through the liquidation waterfall under the Insolvency and Bankruptcy Code, 2016. The supplier&#039;s contractual supply terms could not override the Code&#039;s overriding effect, so recovery had to be pursued through the insolvency claim process rather than against the purchaser.</description>
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    <pubDate>Thu, 26 May 2022 00:00:00 +0530</pubDate>
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      <description>A going-concern liquidation sale of a corporate debtor did not transfer liability for pre-CIRP and CIRP electricity dues to the successful auction purchaser. The auction notice and sale certificate did not impose past electricity liabilities on the buyer, and the supplier had already lodged its claims in liquidation. Pre-CIRP dues were treated as operational debt and electricity consumed during CIRP as insolvency process cost, both payable through the liquidation waterfall under the Insolvency and Bankruptcy Code, 2016. The supplier&#039;s contractual supply terms could not override the Code&#039;s overriding effect, so recovery had to be pursued through the insolvency claim process rather than against the purchaser.</description>
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