https://www.taxtmi.com/caselaws?id=761685 NCLAT allowed appeal by successful resolution applicant against electricity board's refusal to refund pre-CIRP dues paid under protest for power restoration. Court held payment was made under compulsion during sugar crushing season to revive corporate debtor per resolution plan. Electricity board, having failed to file claim during CIRP, received full pre-CIRP dues instead of 7% under resolution plan, benefiting from own default. Following SC precedents in Tata Power and Southern Power Distribution cases, NCLAT ruled matter falls under Section 60(5)(c) IBC as electricity board cannot demand extinguished pre-CIRP arrears for connection restoration. Appeal allowed, impugned order set aside. en-us Wed, 13 Nov 2024 00:00:00 +0530 Thu, 14 Nov 2024 11:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761685 NCLAT allowed appeal by successful resolution applicant against electricity board's refusal to refund pre-CIRP dues paid under protest for power restoration. Court held payment was made under compulsion during sugar crushing season to revive corporate debtor per resolution plan. Electricity board, having failed to file claim during CIRP, received full pre-CIRP dues instead of 7% under resolution plan, benefiting from own default. Following SC precedents in Tata Power and Southern Power Distribution cases, NCLAT ruled matter falls under Section 60(5)(c) IBC as electricity board cannot demand extinguished pre-CIRP arrears for connection restoration. Appeal allowed, impugned order set aside. Case-Laws IBC Wed, 13 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761685