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During CIRP period, RP is responsible for discharging pending ...


During CIRP, RP liable for pending payments like maintenance, electricity as per IBC & RERA. CoC decisions on dues recovery paramount.

Case Laws     Insolvency and Bankruptcy

July 24, 2024

During CIRP period, RP is responsible for discharging pending payments including maintenance charges and electricity dues as per statutory construct of IBC and RERA Act. RP made bona fide efforts to apprise allottees about clearing outstanding electricity dues to avoid disconnection. CoC's commercial decisions regarding maintenance fees and electricity dues recovery are paramount and non-justiciable. Payment of electricity charges being an essential service can be accounted as CIRP cost and Corporate Debtor is liable to pay during moratorium period. RP obligated to make payment of electricity dues as approved by CoC and apply coercive measures for collection from allottees to make payment to electricity supplier. No infirmity found in Adjudicating Authority's order.

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