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Judgment
ORDER
13.01.2022: This appeal has been filed against the order passed by the Adjudicating Authority dated 26.08.2020 by which order, the Adjudicating Authority has issued the following direction: -
“a)The Grid Corporation of Orissa Limited, the Respondent No. 1 and the Respondent No. 10 are directed to accept electricity consumption charges of the Corporate Debtor for the month of July-August, 2020 after four weeks subject to fees/late fess/surcharges, if any and shall not disconnect the electricity supply for arrears of such payment.
b. The Respondents are directed to act in accordance with its letter dated 27th July, 2020 and allowed the application filed by the corporate debtor for reduction of the contract demand charge from 55 MVA to 35 MVA in relation to the Jaipur plant of the corporate debtor immediately, and in any case before the end of this month, as indicated by the learned counsel for the respondent.”
Learned Counsel for the Appellant fairly submitted that in so far as the payment of electricity dues are concerned, the Corporate Debtor is more or less paying the dues regularly. However, he pointed out that with regard to direction no. 2 regarding direction of contract demand, charge of 55 MVA to 35 MVA although billing is being done on the basis of 35 MVA but the certain formalities have not yet been complied with by the Corporate Debtor due to which no final decision has yet been taken regarding the demand.
Learned Counsel for the Respondent refuted the submission and pointed out that it was on the statement made by R-2, this order was passed. She referred to the statement at page 62 of the Learned Counsel for R-2 which is to the following effect:-
“The learned counsel for the respondent submits that the Application of the Petitioner for reduction of contract demand charge from 55 MVA to 35 MVA in relation to Jaipur Plant. Is under active consideration and it will be decided within this month, and will be made effective only from 01.08.2020.”
Be that as it may, we find that the direction issued by the Adjudicating Authority as they are issued to protect the Corporate Debtor who was in insolvency, however, it goes without saying that if any formalities are required to be complied with, with regard to load reduction, the same ought to be completed by the Corporate Debtor by following the necessary procedure. We are not entering into this Appeal as to whether the necessary procedure has been completed or not because the parties are at dispute on the aforesaid issue.
We, thus, however, of the view that it is open for both the parties to approach the Adjudicating Authority for issuing any further direction or application regarding compliance of direction issued in direction(b), if they are so advised. No further order is required, this appeal is disposed of.