# In the matter of Central Transmission Utility Vs. Korba West Power Company Limited and Ors.

> NCLAT judgment dated 2020-03-05. Citation: TCN-2020-NCLAT-00341. The appeal was filed against the order dated 24.06.2019 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 5 Mar 2020
- **Citation:** TCN-2020-NCLAT-00341
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/central-transmission-utility-vs-korba-west-power-company-limited-and-ors-ee80bc35

## Summary

### Background

The appeal was filed against the order dated 24.06.2019 passed by the Adjudicating Authority (NCLT Ahmedabad Bench) in C.P. (I.B) No.190/NCLT/AHM/2018. The Appellant, Central Transmission Utility, a state-owned company, claimed that the Corporate Debtor, Korba West Power Company Limited, was liable to pay transmission charges and consequential amounts as per the Bulk Power Transmission Agreement (BPTA) dated 24th February, 2010. The Corporate Debtor had filed a petition before the Central Electricity Regulatory Commission (CERC) under Section 79 of the Electricity Act 2003, seeking deferment of the Long Term Access (LTA). The petition was pending when the Corporate Debtor filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016. The Appellant

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## Facts

Central Transmission Utility, the Appellant, is a state-owned company and statutory authority under Section 38 of the Electricity Act. They entered into a Bulk Power Transmission Agreement (BPTA) with Korba West Power Company Limited, the Corporate Debtor, on February 24, 2010, for Long Term Access (LTA). The Appellant claimed the Corporate Debtor was liable to pay transmission charges, with the due date for payments being October 1, 2017. The Corporate Debtor filed Petition No. 269/MP/2017 on November 27, 2017, before the Central Electricity Regulatory Commission (CERC) seeking deferment of the LTA. The Corporate Debtor then filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016. The Appellant submitted a claim to the Resolution

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## Issues and analysis

### Issue 1: Whether the appeal was filed within the prescribed limitation period under Section 61 of the …

**Ratio:** Section 61(2) of the IBC stipulates a 30-day limitation period for filing an appeal, with

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**Reasoning:** The court reasoned that the Appellant had knowledge of the Resolution Plan at least by

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**Interpretation:** The court interpreted Section 61(2) strictly, emphasizing the importance of

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**Application:** The court applied the ratio to the facts by determining that the Appellant's

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## Parties

- **Judges:** A.I.S. C…; A.B. S…; +2 more
- **Appellants:** Central Transmissi…
- **Respondents:** Korba West Power…

## Timeline

- **2010-02-24 — BPTA Agre…**: Central Transmission Utility entered into a Bulk Power Transmission Agreement (BPTA) with…
- **2017-10-01 — Due Date for…**: The due date for payments as per the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 79 — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-79)

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