10/05/2021

No claim against order passed by State Electricity Regulatory Commission regarding electricity arrears/dues prior to the initiation of CIRP after approval of RP – Bhadrashree Steel & Power Limited Successful Resolution Applicant of Ambey Iron Pvt. Ltd. Vs. Maharashtra State Electricity Distribution Company Ltd. – NCLT Mumbai Bench

The Successful Resolution Applicant approached the Maharashtra State Electricity Distribution Company Ltd.(R1) for a new electricity connection at the said Unit. However, the R1, for the first time, on January 24, 2020 informed the Applicant that the erstwhile Corporate Debtor has arrears amounting to Rs. 2,16,847/- on account of Additional Energy Charges (“AEC”) which were made applicable prior to the initiation of CIRP.
The Adjudicating Authority referring Manish Kumar v. Union of India (2021) ibclaw.in 16 SC and taking into consideration the intent of the insertion of Section 32A, held that the submission of R1 is against the principles of Section 32A of the Code. Therefore, we direct the R1 to credit an amount of Rs. 2,17,000/- which was paid under protest by the Applicant, into the Bank Account of Bhadrashree Steel & Power Ltd. or alternatively this amount can be adjusted towards future bills.

No claim against order passed by State Electricity Regulatory Commission regarding electricity arrears/dues prior to the initiation of CIRP after approval of RP – Bhadrashree Steel & Power Limited Successful Resolution Applicant of Ambey Iron Pvt. Ltd. Vs. Maharashtra State Electricity Distribution Company Ltd. – NCLT Mumbai Bench Read Post »

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