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TMI Blog2023 (1) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... IVATE LIMITED, C.P. ISPAT PRIVATE LIMITED [ 2022 (5) TMI 1365 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI ]. In the above case the approval of plan was challenged on various grounds. One of the ground raised was that Appellant was entitled to claim unpaid dues as per West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013 - it was held in the case that When any statutory provision including the provisions of West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013 are overridden, the question of contravention of such provision does not arise. There are no good ground to interfere with the order passed by the Adjudicating Authority approvi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal reliance has been placed on the judgment of Hon ble Supreme Court in Telangana State Southern Power Distribution Company Ltd. Anr. vs. M/s Srigdhaa Beverages, 2020 SCC OnLine SC 478 . It is submitted that previous dues cannot be waived and Appellant is entitled to insist for payment of previous dues before restoration of electricity supply. 3. The issues which have been raised by the Appellant in this Appeal are fully covered by the judgment of this Tribunal in Company Appeal (AT) (Ins.) No.62 of 2022, Damodar Valley Corporation vs. Dimension Steel and Alloys Ors., decided on 23.05.2022 . In the above case the approval of plan was challenged on various grounds. One of the ground raised was that Appellant was entitled to cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such other action or the claim that may arise from the disconnection of supply or related issues therefor. On termination of the agreement, the licensee shall have the right to remove the service line and other installations through which electricity is supplied to the consumer. 4.6.4 Notwithstanding anything contained contrary elsewhere in these Regulations were deemed termination of agreement has taken place, then on the basis of application for any consumer new service connection can only be provided in the same premises if the outstanding dues against the deemed terminated consumer is cleared along with the late payment surcharge. 17. There can be no quarrel with the Statutory Regulations of the West Bengal Electricity Regulator ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hern Power Distribution Company Ltd. Anr. vs. M/s Srigdhaa Beverages (supra). Referring to the judgment of Hon ble Supreme Court following was stated in Paragraph 17: 17. It is to be noted that the Hon ble Supreme Court in the above case was considering the Auction Sale under SARFAESI Act, 2002. No provision of IBC were under consideration of the Hon ble Supreme Court. In the IBC proceedings, the electricity supplier is also an Operational Creditor who files claim for its operational debt as well as the charges during the CIRP period. IBC deals with the claims and require for payment of the claim of the electricity service provider under Section 53 of the Code in a liquidation proceeding. Regulation formed under Electricity Act, 2003 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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