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2018 (4) TMI 584 - Tri - Insolvency and BankruptcyCorporate insolvency process - Power supply was disconnected while moratorium in force - Held that:- Disconnection of the electricity by the DVC, while the moratorium is in force, is quite, illegal and against the provisos of the Code. None of the contentions taken by the DVC are found sustainable under law. Considering the peculiar nature and circumstances of the case in hand and considering that the disconnection is illegal and despite personal effort made by the Ld. IRP the DVC was reluctant to restore the Power supply, this CA deserve to be allowed upon the following directions : (i) DVC is directed to restore the electricity supply with immediate effect and provide continuous electricity supply at the Barjora Plant of the Corporate Debtor; (ii) DVC is further directed to issue bills on month to month basis upon restoring the electricity supply by granting 60 days’ time to pay the billed amount; (iii) In case the Corporate Debtor fails in paying the bill amount, as directed above, it is left open to DVC to issue appropriate disconnection notice in accordance with the rules and law applicable but DVC, cannot disconnect without issuing prior notice to the Corporate Debtor.
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