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Innoventive Industries Ltd vs Maharashtra State Electricity ...

National Company Law Appellate Tribunal6 October 2017

Ratio decidendi

The rule this decision rests on

The Resolution Professional of a corporate debtor under moratorium may be permitted to pay, out of the corporate debtor's assets, charges for electricity consumed after the commencement of the moratorium in order to keep the company a going concern, and the supplier may be directed to restore the connection on such payment; the corporate debtor and its Resolution Professional are not liable for dues relating to the period before the moratorium order, those being claims to be considered at the time of payment to creditors under the resolution plan.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) No. 156 of 2017&I.A. No. 612 of 2017IN THE MATTER OF:

Innoventive Industries Ltd. ...Appellant

Versus

Maharashtra State Electricity Distribution Company Ltd. ...Respondent

Present:

For Appellant : Ms. Misha and Shri Vijayant Paliwal, Advocates

For Respondent : Shri Nirav Shah, Advocate

ORDER

06.10.2017 Learned counsel appeared on behalf of the respondent -

Maharashtra State Electricity Distribution Company Limited submits that in

view of the earlier order dated 21st September, 2017, respondent is inclined to

restore the electrical connection of the 'Corporate Debtor', if the amount towards

consumption of electricity due since the date of moratorium (17.01.2017) till

September, 2017 is paid.

2. In the circumstances, we allow the (Interim) Resolution Professional (IRP)

to pay the charges due to respondent towards consumption of electricity since

the date of moratorium i.e. 17th January, 2017 till September, 2017. If such

amount is deposited, the respondent will restore the electrical connection within

48 hours from the date of receipt of amount to ensure that the company remains on going and functional. On such restoration of such electricity, the IRP on

behalf of the 'Corporate Debtor' will also pay month to month charges towards

consumption of electricity failing which it will be open to the respondent -

Maharashtra State Electricity Distribution Company Limited to take appropriate

steps.

3. We make it clear that the Corporate Debtor or Resolution Professional are

not liable to pay the dues of period prior to passing of order of moratorium, which

can be considered at the time of payment of dues to the creditors (Resolution

Plan).

4. The appeals stands disposed of with the aforesaid observations and

directions.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice A.I.S. Cheema ] [ Balvinder Singh ] Member (Judicial) Member (Technical)

/ns/

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