9911796707
TMI Blog2023 (8) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... HAN , J. 1. This Appeal has been filed against the Order dated 18th April, 2023 passed by National Company Law Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as "The Adjudicating Authority") in IA(IB) No. 14/CB/2023 arising out of CP(IB) No. 1174/KB/2018. 2. Brief facts of the case necessary to be noticed for deciding this Appeal are:- i. On an application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "The Code") against the Jagannath Sponge Private Limited, Corporate Insolvency Resolution Process (CIRP in short) was initiated vide Order dated 20th April, 2019 of the Adjudicating Authority. ii. The Resolution Plan was submitted in the CIRP of the Corporate Debtor by one M/s Omk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Debtor. Adjudicating Authority by the Impugned Order issued following directions: "1. It is hereby declared that the amount of Rs. 13,46,19,931/- claimed by the respondents in their impugned letter dated 08.12.2022 addressed to applicant is not valid and not enforceable as against the corporate debtor/successful resolution applicant. 2. The 2nd Respondents is directed to consider the service connection application of the applicant submitted by the successful resolution applicant or any other person on its behalf, in accordance with the code/regulation without insisting to make any payment/arrears in whatever nature payable by the corporate debtor prior to 06.08.2021." v. Aggrieved by the said order, the Appellant has come up in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons to the relevant electricity board to give the exemption to the Corporate Debtor from making payment towards reconnection charges of power. The electricity distribution companies shall not raise any demand with reference to the past dues. They shall, however, treat the application that shall be filed by the corporate debtor, as a new connection and collect charges as applicable for a new connection, without any coercion or precondition to pay the past dues. 7. There is no dispute to the fact that Appellant did not file any claim of its Pre-CIRP dues of Rs. 13,46,19,931/-. The Adjudicating Authority has rightly relied on Judgment of "Ghanashyam Mishra and Sons Pvt. Ltd. through the Authorized Signatory vs. Edelweiss Asset Reconstructi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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