NCLAT affirmed NCLT's jurisdiction to address pre-CIRP dues ...

Electricity Supplier Cannot Recover Additional Pre-CIRP Dues After Resolution Plan Approval Under Section 60(5)(c)

February 12, 2025

Case Laws     IBC     AT

NCLAT affirmed NCLT's jurisdiction to address pre-CIRP dues refund applications under Section 60(5)(c). The tribunal held that all pre-CIRP claims were extinguished upon resolution plan approval, where appellant's claim of 2,32,13,387 was settled for 4,64,003. The respondent's request for refund of pre-CIRP payments was granted, as these payments were made under duress to maintain electricity supply. The tribunal emphasized that post-resolution plan approval, no additional pre-CIRP claims could be entertained, following precedents from SC judgments in Paschimanchal Vidyut and Ghanshyam Mishra cases. The appellant was barred from recovering any pre-CIRP dues beyond the approved resolution plan amount.

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