9911796707
TMI Blog2023 (8) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... ONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] , this Tribunal , comes to an inevitable , irresistible and inescapable conclusion, that this Appellate Tribunal has observed [ 2022 (5) TMI 1365 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI] . Following the said Judgment of this Appellate Tribunal , which is squarely applicable to the facts of the instant Company Appeal (AT) (CH) (Ins) No. 62/2022, before the Tribunal, this Tribunal , dismisses the instant Company Appeal (AT) (CH) (Ins) No. 62/2022, but without Costs. - [ Justice M. Venugopal ] Member ( Judicial ) And [ Dr. Alok Srivastava ] Member ( Technical ) For the Appellant : Mr. Rakesh K Sharma , Advocate For the Respondents : Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o waive , the Electricity Dues , recoverable from the premises. In effect, the stand of the Appellant / Company is that the Adjudicating Authority / Tribunal had failed to note that, in the decision of Hon ble Supreme Court , in the matter of TSSPDCL Vs. Srigdhaa Beverages , reported in (2020 SCC OnLine SC 478), it is laid down that in terms of Non-waiver of past dues of premises, and likewise, questions of Law, were adjudicated by this Appellate Tribunal , in Company Appeal (AT) (Ins) No. 1078/2020, dated 13/12/2022. The Learned Counsel for the Appellant brings it to the Notice of this Tribunal , that the points , that are involved in the instant Company Appeal (AT) (CH) (Ins) No. 62/2022, is squarely covered by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se the approval of plan was challenged on various grounds. One of the ground raised was that the Appellant was entitled to claim unpaid dues as per West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013. In the above judgment in paragraphs 14 to 17 following has been laid down: 14. There is no question of the claim of Appellant still existing pertaining to pre-CIRP period, which claim was filed before the Resolution Professional, after the approval of the Resolution Plan. 15. The submission, which has been much pressed by learned Senior Counsel for the Appellant that there has been contravention of Statutory Regulations, as the Plan breaches the provision of Section 30, sub-section (2) (e). Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with the late payment surcharge. 17. There can be no quarrel with the Statutory Regulations of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013. In Regulation 4.6.4, it is contemplated that new service connection can only be provided in the same premises if the outstanding dues against the deemed terminated consumer is cleared, but the said Regulations cannot be pressed in service, when the Resolution Plan has been approved in the CIRP under the Code. The Code has been given overriding effect, on any other inconsistent law under Section 238. When any statutory provision including the provisions of West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the claim of the electricity service provider under Section 53 of the Code in a liquidation proceeding. Regulation formed under Electricity Act, 2003 fastening liability on the Successful Auction Purchaser in the Liquidation Proceedings will be in conflict with the provision of the IBC. IBC having been given overriding effect under Section 238, any contrary provision in any other statute under Electricity Act, 2003 shall be overridden. Therefore, it shall not be open for the Appellant to contend that Appellant shall recover the entire preCIRP and post-CIRP dues from the Successful Auction Purchaser in pursuance of Regulation 8.4, as noticed above. The Appellant is entitled to recover its dues under the IBC proceedings. 5. We, thus, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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