TMI Blog2022 (12) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... ting Authority has rightly partly allowed the I.A. No. 2477 of 2020 insofar as past dues of Southern Power Distribution Company of A.P. Ltd. were concerned. There is no merit in the Company Appeal - Company Appeal (AT) (Insolvency) No. 866 of 2020 Company Appeal (AT) (Insolvency) No. 914 of 2020 - - - Dated:- 13-12-2022 - [ Justice Ashok Bhushan ] Chairperson And [ Barun Mitra ] Member ( Technical ) For the Appellant : Mr. Anoop Prakash Awasthi, Ms. Prapti Singh, Mr. Parthivi Ahuja, Advocates For the Respondents : Mr. Rakesh K. Sharma, Mr. Nishant Sharma,Advocates For the Appellant: Mr. Rakesh K. Sharma, Mr. Nishant Sharma, Advocates For the Respondents: Mr. Anoop Prakash Awasthi, Ms. Prapti Singh, Mr. Parthivi Ah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be deemed just and fit under the circumstances of the case. For which act of kindness your humble applicant as in dutybound shall ever remain obliged. (iv) The application came for consideration before the Adjudicating Authority, who after hearing the Applicant as well as the Respondent - Southern Power Distribution Company of A.P. Ltd. disposed of the application. With regard to first relief, the Adjudicating Authority held that once plan is approved, parties upon which the plan is binding cannot rake up past liabilities by invoking law that is inconsistent with the provisions of the Code. With regard to second relief, it was held that the Applicant is not entitled for restoration of connection without making payment for se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned order and make it clear that any security deposit or other charges for requested increase in contract demand and enhanced supply line for electricity will have to be paid to the discom DVC in accordance with the relevant and extant laws and regulations. The payment of dues for electricity supplied to the corporate debtor during the moratorium period, to keep the corporate debtor as a going concern, should be paid out of CIRP costs, and the payment should be ensured by the Resolution Professional. Any dues relating to electricity supplied after the moratorium has ceased will have to be paid by the corporate debtor to the discom DVC. The Adjudicating Authority could be approached in case of any difficulty. There is no order as to cost ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h pressed by learned Senior Counsel for the Appellant that there has been contravention of Statutory Regulations, as the Plan breaches the provision of Section 30, sub-section (2) (e). Section 30, subsection (2) (e) provides: 30. Submission of resolution plan. (2) The resolution professional shall examine each resolution plan received by him to confirm that each resolution plan (e) does not contravene any of the provisions of the law for the time being in force. 16. We may at this stage also refer to the Statutory Regulations 4.6.1 and 4.6.4, which are to the following effect: 4.6.1 If the power supply to any consumer remains disconnected continuously for a period of one hundred and eighty day s where the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on any other inconsistent law under Section 238. When any statutory provision including the provisions of West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013 are overridden, the question of contravention of such provision does not arise. In event, the submission of learned Senior Counsel is accepted that all laws in force, including the Regulations in question have to be followed in the Resolution Plan and any contravention shall violate Section 30, sub-section (2) (a) (e), the provision of Section 238 shall become redundant. From the conjoint reading of the provisions of Code, it is clear that in event any provision is not overridden by Section 238, Resolution Plan cannot contravene any existing la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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