Abhinav Steels And Power Ltd vs Purvanchal Vidyut Vitran Nigam Ltd

IN THE MATTER OF: Abhinav Steels and Power Ltd. ...Appellants Versus Purvanchal Vidyut Vitran Nigam Ltd. ...Respondents

Present: For Appellant : Mr. Piyush Beriwal, Mr. Ankit Raj, Mr. Nikhil Kumar Chaubey, Ms. Jyotsana Vyas, Ms. Ruchita Srivastava and Mr. Ali Mohammed Khan, Advocates. For Respondents : Mr. Pradeep Mishra, Advocate.

ORDER

(Hybrid Mode)

14.10.2025: I.A. No. 4573 of 2025

This is an application praying for condonation of 15 days delay in filing

the appeal. Appellant has given sufficient grounds in paragraphs- 4 & 5 for

condonation of delay. Ld. Counsel for the respondent submits that no

sufficient ground has been given for condonation of delay. The consent of

Committee of Creditors/ Stakeholders was taken to file an appeal on

01.06.2025 and thereafter documents have to be collated. Delay in filing the

appeal is condoned.

CA (AT) (Ins) No. 1171 of 2025

2. Heard counsel for the parties.

3. This appeal has been filed against the order dated 27.05.2025 by which

order Adjudicating Authority has disposed of the application I.A. No. 1123/2021. Application was filed by Purvanchal Vidyut Vitran Nigam Ltd.

praying for following reliefs:-

"IA/1123/2021

This is an application filed by the applicant under Section 60(5) of IBC, 2016 by the Applicant, the Purvanchal Vidyut Vitran Nigam Limited seeking following prayers:

a. "Direct the Corporate Debtor thorough Resolution Professional to make payment of outstanding dues amounting to Rs.5,73,13,432/- being CIRP Cost, and

b. Pass such other order or orders which this Hon'ble Tribunal may deed fit and proper in the interest of justice."

4. The Adjudicating Authority has disposed of the application with

following directions:-

"We have heard the submissions and perused the record. The application is being disposed of with the consent of both the sides as below:

1. For the pre CIRP dues, the claims will be filed before the Liquidator.

2. The undisputed CIRP dues post admission shall be paid by the Liquidator.

3. Any amount which is disputed and form part of post admission dues, the applicant is free to approach the proper forum for obtaining necessary directions.

5. Ld. Counsel for the appellant submits that appellant has no issue with

regard to directions 1 & 2 and the appellant has already paid the undisputed

amount. His only grievance is that with regard to direction no.3, he submits

that liberty has been granted to the Purvanchal Vidyut Vitran Nigam Ltd. to

approach proper forum for obtaining necessary directions whereas all dues

during CIRP are dues which need determination by the Adjudicating 2 of 3 Company Appeal (AT) (Ins) No. 1171 of 2025 Authority and no other forum shall have jurisdiction to determine the said

dispute.

6. Ld. Counsel for the respondent submitted that the order was passed on

consent hence the appellant cannot raise any grievance with this direction

no.3. We are of the view that even if the order is passed by consent the parties

cannot be give jurisdiction to approach any other forum to decide the dues

pertaining to CIRP period. Thus, we are of the view that the respondent be

given liberty to file a fresh application for any disputed amount before the

Adjudicating Authority which may be decided in accordance with law. The

order is modified accordingly. With these observations, appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/NN

3 of 3 Company Appeal (AT) (Ins) No. 1171 of 2025