# In the matter of Anandtex International Private Limited

> NCLT judgment dated 2023-08-28. Citation: TCN-2023-NCLT-01898. The application IA No. 496/2020 was filed by the liquidator of Anandtex International Private…

- **Court:** NCLT
- **Order date:** 28 Aug 2023
- **Citation:** TCN-2023-NCLT-01898
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anandtex-international-private-limited-ae4427f6

## Summary

### Background

The application IA No. 496/2020 was filed by the liquidator of Anandtex International Private Limited under Section 35(1) (e) & (n) read with Section 60 (5) of IBC, 2016 read with Rule 11 of NCLT Rules, 2016, seeking direction against the respondents to assign/transfer the electricity connection bearing No. 6304011000 and meter No. X1117909, installed at Sub-Station Panipat Dummy HR IND in the name of the corporate debtor instead of the erstwhile promoter/director of the corporate debtor. The application also sought to restrain the respondents from disconnecting the electricity connection bearing no. 6304011000 and meter no. X1117909 of the corporate debtor for pre-CIRP dues so that the corporate debtor can remain a going concern. CIRP was initiated vide order

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## Facts

Avon Cottex Private Limited initiated CIRP against Anandtex International Private Limited. Hitesh Goel was appointed as the liquidator for Anandtex International Private Limited. The liquidator filed an application seeking direction against Uttar Haryana Bijli Vitran Nigam Limited (UHBVN) to assign/transfer the electricity connection bearing No. 6304011000 and meter No. X1117909, installed at Sub-Station Panipat Dummy HR IND in the name of the corporate debtor. The liquidator also sought to restrain UHBVN from disconnecting the electricity connection for pre-CIRP dues. CIRP was initiated on 20.02.2019, and liquidation was initiated on 06.12.2019. UHBVN had installed the electricity connection at the factory premises of the corporate debtor. The Resolution Professional

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## Issues and analysis

### Issue 1: Whether the respondents should be directed to assign/transfer the electricity connection to the …

**Ratio:** Section 14(2A) of the IBC lays down that the supply of essential goods or services to the

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**Reasoning:** The court considered the provisions of Section 14(2A) of the IBC and the need to ensure

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**Interpretation:** Section 14(2A) mandates the continuation of essential services to the corporate

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**Application:** The court applied the principle of Section 14(2A) to the facts of the case,

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Avon Cottex…
- **Respondents:** Anandtex Internati…

## Timeline

- **2019-02-20 — CIRP Init…**: CIRP was initiated against Anandtex…
- **2019-06-20 — RP informs…**: The Resolution Professional informed UHBVN that the electricity connection was issued in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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