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Judgment
Virendra Kumar Gupta, Member (Technical)
In this application, M/s Paschimanchal Vidyut Vitran Nigam Limited (herein referred as “applicant”) is seeking consideration of its claim of Rs.10,28,06,759/- on account of outstanding electricity dues.
The facts, in brief, are that the CIRP in the present case, commenced as a consequence of the order of this Adjudicating Authority vide order dated 24.12.2019. The applicant herein filed the claim with the IRP within 14 days i.e. on 07.01.2020. IRP filed an application before this Authority regarding restoration of electricity connection for meeting the lighting requirements of the factory premises, which was subsequently withdrawn by the IRP. However, the claim for electricity dues was not admitted.
No reply has been filed on behalf of the RP. The approval of resolution plan in this case is under consideration. In these circumstances, we hold that since there being no fault on the part of the applicant herein, the claim of electricity dues as prayed in the in the relief sought, be considered before the approval of the resolution plan by this Adjudicating Authority.
Accordingly, we hold that the claim of the applicant be considered along with other operational creditors for whom the Resolution Applicant has made specific provisions in the resolution plan.
Thus, this application stands allowed and disposed of in above terms.