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2017 (9) TMI 1873 - NATIONAL COMPANY LAW TRIBUNAL, CHANDIGARH.Recovery of electricity bills in respect of the business premises during moratorium period - HELD THAT:- Arrears of electricity bills, shall be paid entirely within a period of 2 months in instalments but immediately after receipt of refund from the Bank. It was contended by the representative of the Corporate Debtor that provision with regard to the outstanding electricity charges has been made in the resolution plan already submitted. However, the Resolution Applicant may have to file an amended resolution plan. Tagging being made by the lead Bank i.e. Punjab National Bank which is still being deducted - HELD THAT:- Section 14(1) (a) and (c) of the Code prohibits even the execution of decree against the Corporate Debtor. The aforesaid recovery should rather have not been made by the Bank by tagging 5% of the amount being deposited on behalf of the Corporate Debtor in TRA account with effect from the date of commencement of the resolution process i.e. the day of admission of the application. The Punjab National bank is directed to refund the amount recovered under this letter after commencement of the insolvency process in the account of the Corporate Debtor within two weeks - Application allowed.
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