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2023 (1) TMI 348 - AT - Insolvency and BankruptcyRecovery of dues - overriding effect of IBC - Jurisdiction conferred on an Adjudicating Authority to waive the Electricity Dues recoverable from the premises - HELD THAT:- The Judgment passed by this Tribunal in SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD. VERSUS KALPTARU STEEL ROLLING MILLS LTD., ANDHRA BANK, ANDHRA PRADESH STATE FINANCIAL CORPORATION [2023 (1) TMI 290 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI], applies to the facts of the instant case - it was held in that case that IBC having been given overriding effect under Section 238, any contrary provision in any other statute under Electricity Act, 2003 shall be overridden. Therefore, it shall not be open for the Appellant to contend that Appellant shall recover the entire preCIRP and post-CIRP dues from the Successful Auction Purchaser in pursuance of Regulation 8.4, as noticed above. The Appellant is entitled to recover its dues under the IBC proceedings. Application disposed off.
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