2022 (12) TMI 617

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....huja, Advocates For the Respondents : Mr. Rakesh K. Sharma, Mr. Nishant Sharma,Advocates For the Appellant: Mr. Rakesh K. Sharma, Mr. Nishant Sharma, Advocates For the Respondents: Mr. Anoop Prakash Awasthi, Ms. Prapti Singh, Mr. Parthivi Ahuja, Advocates JUDGMENT ASHOK BHUSHAN, J. These two Appeals have been filed against the same order dated 08.09.2020 passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi in I.A./2477/2020 filed in (IB)/563(PB)/2018. Brief facts giving rise to these two Appeals are: (i) CIRP was initiated by order dated 14.08.2018 of the Adjudicating Authority against the Corporate Debtor - Kalptaru Steel Rolling Mills Ltd. (ii) By order dated ....

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....proved, parties upon which the plan is binding cannot rake up past liabilities by invoking law that is inconsistent with the provisions of the Code. With regard to second relief, it was held that the Applicant is not entitled for restoration of connection without making payment for security deposit. Aggrieved against the order insofar as it has denied second relief to the Applicant, Company Appeal (AT) (Ins.) No. 866 of 2020 has been filed. (v) Southern Power Distribution Company of A.P. Ltd. has filed Company Appeal (AT) (Ins.) No. 914 of 2020 aggrieved by the order dated 08.09.2020 insofar as it has allowed first prayer of I.A. No. 2477/2020 filed by the Monitoring Committee. Southern Power Distribution Company of A.P. Ltd. again....

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....yment should be ensured by the Resolution Professional. Any dues relating to electricity supplied after the moratorium has ceased will have to be paid by the corporate debtor to the discom DVC. The Adjudicating Authority could be approached in case of any difficulty. There is no order as to costs." 4. Following the decision of this Tribunal in the above judgment in "Damodar Valley Corporation" dated 01.10.2021, the Company Appeal (AT) (Ins.) No. 866 of 2020 is liable to be dismissed. 5. Now coming to the Company Appeal (AT) (Ins.) No. 914 of 2020, where Southern Power Distribution Company of A.P. Ltd. insist for payment of its past dues. Suffice it to say that when plan has been approved by the Adjudicating Authority on 14.02.2020, al....

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....ovisions of the law for the time being in force." 16. We may at this stage also refer to the Statutory Regulations 4.6.1 and 4.6.4, which are to the following effect: "4.6.1 If the power supply to any consumer remains disconnected continuously for a period of one hundred and eighty day's where the disconnection has been effected in compliance with any of the provisions of the Act or Regulations, the agreement of the licensee with the consumer for supply of electricity shall be deemed to have been terminated with consequential effect on expiry of the said period of one hundred and eighty days. This will be without prejudice to such other action or the claim that may arise from the disconnection of supply or related issues t....