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2023 (12) TMI 1146 - AT - Insolvency and BankruptcyCIRP - Direction to pay the interest due and payable from the date of termination of the electricity i.e. March 01, 2016 connection in the name of the Corporate Debtor, till the date of adjudication of the present application - the grievance of the applicant is that the interest of the security deposits is not being paid which according to the regulation the respondent was entitled. HELD THAT - The issues which are sought to be raised in this application were not before the Adjudicating Authority in this appeal. Recording the statement of counsel for the respondent (who is applicant here) that the appellant may consider in accordance with the application rules and regulations the appeal was disposed of. In event, the said consideration is not favourable to the applicant it is always open to the applicant to file appropriate application before the Adjudicating Authority for relief, if any. The said issues cannot be entertained in this application nor adjudicated by this Tribunal in this appeal - application disposed off.
Issues involved: Application for relief and concession against the order of Adjudicating Authority regarding electricity charges and security deposits.
The appeal was filed against the Adjudicating Authority's order dated 04.10.2021, which dealt with the application for relief and concession. The Adjudicating Authority directed the restoration of electricity supply to the Corporate Debtor and extinguished all electricity charges accrued prior to the liquidation commencement date. The appeal was filed by the Executive Engineer of Uttar Gujarat Vij Company Limited, and it was disposed of on 16.05.2023. The Executive Engineer stated that all dues on the electricity connection had been recovered, and they were ready to provide a fresh connection to the Successful Bidder without any financial charges. The security deposit was to be continued in the name of the Corporate Debtor. The appeal was disposed of accordingly. A subsequent application (I.A. No. 3972/2022) was filed by the Executive Engineer, Uttar Gujarat Vij Company Limited, raising concerns about the non-payment of interest on security deposits as per regulations. The issues raised in this application were not presented before the Adjudicating Authority during the appeal. The Tribunal noted the applicant's grievance and stated that if the consideration of the application rules and regulations was not favorable, the applicant could file another application before the Adjudicating Authority for relief. The Tribunal concluded that the issues raised in the subsequent application could not be entertained or adjudicated by the Tribunal in the appeal. They clarified that they were not expressing any opinion on the merits of the claim in the application and left it to the Adjudicating Authority to decide in accordance with the law. The application was disposed of with these observations.
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