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2020 (10) TMI 869 - Tri - Insolvency and BankruptcyDirection to Respondents to keep the payment of the electricity bills of the Applicant in abeyance till either the (i) end of the moratorium period of the Applicant's insolvency proceedings as per the Hon'ble NCLT's Order dated 09.04.2019, or (ii) final disposal of the Writ Petition No. 38107 of 2014, whichever is earlier - Section 60(5) of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- It is not in dispute the Applicant / Corporate Debtor already filed writ petition in the Hon'ble High Court bearing Writ Petition No. 38107/2014. Thus already the Corporate Debtor moved the Hon'ble High Court even before CIRP started against Corporate Debtor. Having filed writ petition in the Hon'ble High Court and when matter is sub-judice, it is not open to the Applicant / Corporate Debtor to move the Tribunal again on the same issue. On this ground, the present applicable is liable to be dismissed. It is also true that the benefit if any given to the Corporate Debtor by the Government then suitable deposit to be made with the distribution company / R3 by the State Government concerned for extending the benefit. Till date, no such deposit is made with the Distribution Company. Therefore, the Adjudicating Authority cannot give any direction to the 3rd Respondent to extend a concession to the Applicant / Corporate Debtor. The issue whether the Applicant / Corporate Debtor is entitled for the concessions as per the policy and as per the G.O. referred to is a matter yet to be determined in the writ petition filed by the Corporate Debtor against the Government - the relief prayed by the Applicant to keep the monthly bills in abeyance cannot be granted since Applicant is bound to pay electricity charges raised for the consumption of electricity during CIRP. The Adjudicating Authority cannot prevent the distributing company from collecting electricity charges from the Corporate Debtor during CIRP. The relief sought is against the provisions of Insolvency & Bankruptcy Code, 2016. Application dismissed.
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