Tribunals and CommissionsDivision Bench(2023) 05 NCLAT CK 0038

Executive Engineer, Uttar Gujarat VIJ Company Ltd vs Pradeep Kumar Kabra & Anr

National Company Law Appellate Tribunal · Decided on 16 May 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 1300 Of 2022 & I.A. No. 3972 Of 2022 & 01 Of 2023

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Judgment

7 paragraphs · 301 words
1.

Heard Learned Counsel for the parties.

2.

This Appeal has been filed against the Order passed by the Adjudicating Authority dated 04.10.2021 by which order, the Adjudicating Authority on an Application  filed  by  the  Successful  Bidder-  Respondent  No.  2,  following direction has been issued in para ix:

“IX.We hold that all electricity charges accrued prior to liquidation commencement date shall stand permanently extinguished and any security deposit for connection shall continue in the name of the Corporate Debtor. We further direct Uttar Gujarat Vij Company Limited to restore the electricity supply to the Corporate Debtor so that the Corporate Debtor can be run as a going concern. The charges after the liquidation commencement date and till acquisition date shall also stand extinguished quo Successful Auction Bidder.”

3.

When the Appeal was taken today, Learned Counsel for the Appellant submits that Appellant has already recovered all dues on the electricity connection and there are no further dues to be recovered. He further submits that the electricity connection was disconnected permanently in 2017 and Appellant is ready to give fresh connection to the Successful Bidder provided that Application and/or Form are filled up. It is further submitted that security which was already deposited with the Appellant shall be continued in the name of the Corporate Debtor. It is further submitted that electricity shall be restored within six weeks if application/form is made within two weeks from today for the restoration of the electricity.

4.

It is made clear that no financial charges shall be asked from the Corporate Debtor for giving fresh connection.

5.

Learned  Counsel  for  Respondent  submits  that  there  was  some entitlement of interest on the security deposited. With regard to said, the Appellant may consider in accordance with applicable rules and regulations.

6.

The Appeal is disposed of, accordingly.