The Appellant, Eastern Power Distribution Company of Andhra Pradesh Limited, a distribution licensee, supplied electricity (an essential service) to the Corporate Debtor, M/s Impex Metal & Ferro Alloys Limited. The Corporate Debtor was admitted into CIRP on 01.03.2018, and a moratorium was imposed. Despite the moratorium, electricity supply continued, and the Appellant claimed CIRP costs for unpaid dues amounting to Rs. 20,72,84,722/-. The NCLT, Kolkata Bench, in an order dated 05.10.2021, acknowledged the Appellant's eligibility for CIRP costs and directed the Liquidator (Respondent No.2) to pay. The Appellant filed I.A. No. 1061/2021 to enforce this payment, but it was dismissed for non-prosecution on 08.11.2023 due to the absence of their counsel, Mr. Rakesh
…The Appellant, Eastern Power Distribution Company of Andhra Pradesh Limited, is a statutory distribution licensee responsible for supplying electricity in Andhra Pradesh.
The Corporate Debtor, M/s Impex Metal & Ferro Alloys Limited, was a consumer of electricity supplied by the Appellant.
The Corporate Debtor was placed under Corporate Insolvency Resolution Process (CIRP) by an order dated 01.03.2018, in proceedings under Section 7 of the I&B Code, 2016.
A moratorium was imposed under Section 14 of the I&B Code, but electricity, being an essential service, is protected under Section 14(2A) of the I&B Code.
The Appellant supplied electricity to the Corporate Debtor during the moratorium period.
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Corporate Debtor (M/s Impex Metal & Ferro…
Shri Subodh Kumar…
The Appellant, Eastern Power Distribution Company of Andhra Pradesh Limited, a distribution licensee, supplied electricity (an essential service) to the Corporate Debtor, M/s Impex Metal & Ferro Alloys Limited. The Corporate Debtor was admitted into CIRP on 01.03.2018, and a moratorium was imposed. Despite the moratorium, electricity supply continued, and the Appellant claimed CIRP costs for unpaid dues amounting to Rs. 20,72,84,722/-. The NCLT, Kolkata Bench, in an order dated 05.10.2021, acknowledged the Appellant's eligibility for CIRP costs and directed the Liquidator (Respondent No.2) to pay. The Appellant filed I.A. No. 1061/2021 to enforce this payment, but it was dismissed for non-prosecution on 08.11.2023 due to the absence of their counsel, Mr. Rakesh
…The Appellant, Eastern Power Distribution Company of Andhra Pradesh Limited, is a statutory distribution licensee responsible for supplying electricity in Andhra Pradesh.
The Corporate Debtor, M/s Impex Metal & Ferro Alloys Limited, was a consumer of electricity supplied by the Appellant.
The Corporate Debtor was placed under Corporate Insolvency Resolution Process (CIRP) by an order dated 01.03.2018, in proceedings under Section 7 of the I&B Code, 2016.
A moratorium was imposed under Section 14 of the I&B Code, but electricity, being an essential service, is protected under Section 14(2A) of the I&B Code.
The Appellant supplied electricity to the Corporate Debtor during the moratorium period.
…Corporate Debtor (M/s Impex Metal & Ferro…
Shri Subodh Kumar…