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2019 (2) TMI 1874 - Commission - Insolvency and BankruptcyRestraint from terminating the PPA - delay in commissioning of the generating station of the Petitioner - invocation of Contract Performance Guarantee - HELD THAT:- Presently, the Petitioner is subject to the proceedings under the Insolvency and Bankruptcy Code, 2016. Pursuant to the order of the National Company Law Tribunal, Hyderabad Bench dated 29.8.2018, the Resolution Professional has been appointed. Further, the order of NCLT has imposed a moratorium on institution or combination of suits or proceedings under Section 14 of the IBC. The Petitioner has submitted that this Commission has jurisdiction to adjudicate the dispute under Section 79(1)(f) of the Act as its generating station which is situated in Odisha and is supplying power to the distribution companies of Uttar Pradesh - Since, we have decided that during the period of moratorium under Section 14 of the IBC, no proceeding can lie before this Commission, we are not expressing any view on the issue of the jurisdiction. Petition disposed off.
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