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2021 (10) TMI 301 - Tri - Insolvency and BankruptcyInclusion of fresh claim in the Resolution Plan - the claims arising pre-CIRP - pre-existing liabilities of water charges as claim by the Respondent No. 1 in respect of water charges and service charges - claim towards differential premium and transfer charges - HELD THAT - As per the settled law claims arising pre CIRP cannot be claimed by the creditor. In the recent Judgment of Ghanashyam Mishra and Sons Private Limited 2021 (4) TMI 613 - SUPREME COURT the Hon ble Apex Court laid down the law by giving rest to many legal issues and clarifying the legal position, under the Doctrine of Clean Slate that all claims against the Corporate Debtor prior to CIRP and after the transfer of the assets of the Corporate Debtor to the successful Resolution Applicant to be dealt with in terms of the Resolution Plan and if not forming part of such Resolution Plan shall extinguished. In the light of the above judgement of Hon ble Supreme Court, the claim of water charges of ₹ 47,06,751/- being pre CIRP charges, the same is extinguished and stands cancelled. Hence the claim of ₹ 47,06,751/- is rejected - in view of the approval of Resolution Plan by way of order of the Tribunal on 14.10.2019 and change of constitution of taking over of the Corporate Debtor and 100% change in shareholding of the Corporate Debtor, the Applicant is required to pay the differential premium and transfer charges of ₹ 38,09,600/-. Application disposed off.
Issues:
1. Claim of water charges and service charges pre CIRP period. 2. Claim of differential premium and transfer charges post Resolution Plan approval. Analysis: Issue 1: Claim of water charges and service charges pre CIRP period The Resolution Applicant, as the successful Resolution Applicant of the Corporate Debtor, filed an application seeking reconnection of water supply to the unit. The Respondent No. 1, a statutory body under Maharashtra Development Act, claimed outstanding water charges of ?47,06,751. However, the Tribunal, citing legal precedent and the Doctrine of "Clean Slate," held that pre CIRP claims cannot be pursued post-Resolution Plan approval. Referring to the Supreme Court judgment in Ghanashyam Mishra and Sons Private Limited, the Tribunal ruled that such claims stand extinguished upon Resolution Plan approval. Consequently, the claim of ?47,06,751 was rejected. Issue 2: Claim of differential premium and transfer charges post Resolution Plan approval The Respondent No. 1 also demanded differential premium and transfer charges of ?38,09,600 post-Resolution Plan approval due to the change in shareholding of the Corporate Debtor. The Tribunal found this claim valid and binding, directing the Resolution Applicant to pay the said amount. Considering the Resolution Plan approval and the change in Corporate Debtor's shareholding, the Tribunal ordered the Resolution Applicant to pay the differential premium and transfer charges. The Respondent No. 1 was instructed to reconnect the water connection upon payment of the differential premium and transfer charges. In conclusion, the Tribunal ordered the Resolution Applicant to pay ?38,09,600 towards differential premium and transfer charges, while rejecting the claim of ?47,06,751 for water charges. The Respondent No. 1 was directed to reconnect the water connection upon receipt of the payment. The Interlocutory Application was disposed of with the aforementioned directions.
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