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2020 (11) TMI 127 - HC - Companies LawRefusal to to grant permission for installation of new electricity connection sought by the petitioner / Company - permission has been refused on account of the fact of non- payment of electricity dues of Dhar Cement Limited - stand of the respondent is that the petitioner is having an alternative remedy, however, the forum, where the alternative remedy is available, has not been mentioned in the reply - HELD THAT:- This Court, in the present case, is witnessing objectionable stand of the respondent. In case, an application was preferred before the learned Company Judge for claiming electricity charges, the same should have been defended and claim should not have been relinquished only on account of an assurance given by the promoter. It requires a fact finding inquiry as to why nothing was done after an order was passed on 31.01.2014 when the application of the respondent / Company was disposed of on the basis of assurance given by the promoter. The Managing Director of the Company shall conduct a fact finding inquiry and shall also be free to fix responsibility and to take action in accordance with law against the persons who are held responsible in the matter. The exercise of taking appropriate steps in accordance with law and recovering the outstanding dues form the promoters be concluded within a period of six months from the date of receipt of certified copy of this order. The exercise of holding an inquiry, as directed by this Court, be completed within a period of three months from the date of receipt of certified copy of this order. The respondent is restrained from demanding / recovering the dues of Dhar Cement Limited (a Company in liquidation) from the present petitioner - Petition allowed.
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