TaxTMI 
TaxTMI 
2021 (5) TMI 912
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....quidator-Mr. Devang P Sampat. Mr. Devang P Sampat has been arrayed as Resolution Professional of Kanoovi Foods Pvt. Ltd. It is stated that now Liquidation Orders have been passed and the Corporate Debtor-M/s. Kanoovi Foods Pvt. Ltd. is in Liquidation. 2. This Appeal has been filed by the Appellant-Uttar Gujarat Vij Company Ltd. being aggrieved by two orders passed by the Adjudicating Authority (National Company Law Tribunal, Ahmedabad Bench, Court 1). The Adjudicating Authority was moved by the Appellant by way of I.A. No. 443 of 2020 in CP(IB) 377/2018 claiming recovery of electricity charges during CIRP Period. The Adjudicating Authority passed following orders on 21st October, 2020. The First Impugned Order reads as under: "I....
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....d by the Corporate Debtor on month to month basis after the CIRP was initiated against the Corporate Debtor. The same should have been paid but were not paid. 6. The Learned Counsel submits that it is erroneous on the part of the Adjudicating Authority to refer in the Order dated 21st October, 2020 that Application claiming recovery of electricity charges during CIRP is not maintainable. 7. The Learned Counsel submits that as per sub-section 2A of Section 14, the Appellant was entitled to recover the electricity charges which have been held to be essential services. 8. On being asked, the Learned Counsel for the Appellant states that considering the electric consumptions which have taken place during CIRP, it appears that the Resol....
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....g any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. [Explanation.--For the purposes of this sub-section, it is hereby clarified that notwithstanding anything contained in any other law for the time being in force, a license, permit, registration, quota, concession, clearances or a similar grant or right given by the Central Government, State Government, local authority, sectoral regulator or any other authority constituted under any other law for the time being in force, shall not be suspended or terminat....
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.... Provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of corporate debtor under section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be." (Emphasis Supplied) 10. Sub-Section 2 is to be read with Regulation 32. It would be appropriate to refer to Regulations 31 and 32 as appearing in IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) which read as under: "31. Insolvency Resolution Process Costs "Insolvency resolution process costs"....