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TMI Blog2023 (8) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the Resolution Professional has been dealt by the Adjudicating Authority. The Adjudicating Authority has noted the provisions of Regulation and has returned a finding that on the above submission of the Appellant plan approval cannot be held to be vitiated. It is also to be noted that against the plan approval order, Appellant filed an Appeal which was withdrawn by the Appellant themselves. No contention by the Appellant challenging the plan approval can be considered. The Adjudicating Authority while approving the Plan having already issued directions that Electricity Distribution Companies shall not raise any demand with reference to the past dues, there are no error in the direction issued by the Adjudicating Authority by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th August, 2021. The Appellant vide Letter dated 19th July, 2022 was informed that Resolution Plan has been approved by the Adjudicating Authority. The Appellant filed C.A.(AT) Insolvency No. 1404 of 2022 challenging the Order dated 06th August, 2021 which Appeal was withdrawn by the Appellant on 25th November, 2022. iii. The Respondent vide Letter dated 05th August, 2022 requested the Appellant to supply electricity with CD 550KVA to its units. The Appellant informed the Respondent of outstanding arrears of Electricity dues amounting to Rs. 13,46,19,931/-. The Respondent filed an Application before the Adjudicating Authority I.A.(IB) 14/2023 seeking direction to Appellant to provide electricity connection to the two units and set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctricity dues of the Appellant required to be paid before Electricity Connection can be given to the Respondent. It is submitted that electricity was disconnected of the Corporate Debtor in the year 2013 and the two related power supply agreements were terminated with effect from 03.10.2013 and with effect from 01.02.2015. The total arrears of electricity against the Corporate Debtor were Rs. 13,56,19,931/- which is required to be paid. It is submitted that there being no proper publication by the Resolution Professional, Appellant could not file its claim in the CIRP Process. 4. Learned Counsel for the Respondent refuting the submission of the Appellant contends that Appellant having not filed its claim, its pre-CIRP dues has been extin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atory vs. Edelweiss Asset Reconstruction Company Limited through the Director Ors. , (2021 SCC OnLine SC 313). Paragraph 102.3 of the Supreme Court Judgment is as follows: 102.3 Consequently all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under Section 31 could be continued. 8. The submission of the Appellant that there was no proper publication of the announcement made by the Resolution Professional has been dealt by the Adjudicating Authority in paragraph 8 of the Or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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