Search Results Page
Search Results
1 - 10 of 33 (0.52 seconds)Section 60 in The Electricity Act, 2003 [Entire Act]
Section 31 in The Electricity Act, 2003 [Entire Act]
The Customs Act, 1962
Section 30 in The Electricity Act, 2003 [Entire Act]
Section 56 in The Electricity Act, 2003 [Entire Act]
Section 14 in The Electricity Act, 2003 [Entire Act]
Section 62 in The Electricity Act, 2003 [Entire Act]
Ghanashyam Mishra And Sons Private ... vs Edelweiss Asset Reconstruction ... on 13 April, 2021
iii. It was submitted that the Ld. NCLT disposed of the IA vide the impugned
order dated 07.07.2023 stating that the Appellant had failed to file its claim for
pre-CIRP dues before Resolution Professional. It was submitted that the
Appellant was aware of the CIRP and had not filed the claim in prescribed form.
iv. It was submitted that there was no dispute that the amount of Rs.
3,87,96,889/- relates to dues of the pre-CIRP period.
v. It was submitted that once the plan has been approved, all pre-CIRP
expenses/debt got extinguished. The Respondent has already made payment to
stakeholders in accordance with the resolution plan. As per Sub-section (1) of
Section 31 of the IBC, 2016, an approved resolution plan is binding on all the
stakeholders. The judgments in the case of "Ghanashyam Mishra and Sons
Private Limited v. Edelweiss Asset Reconstruction Company Limited, (2021 9 SCC
657" and in the case of "M/s Ruchi Soya Industries Limited v. Union of India and
Ors." were cited in respect of the arguments that the dues of the pre-CIRP get
extinguished on approval of the resolution plan.
Synergy Technologies & Anr vs Parthiv Parikh & Ors on 18 April, 2022
vi. It was submitted that the issue relating to disconnection of electricity
began on 04.12.2017, much prior to CIRP proceedings and was within the
exclusive jurisdiction of the Punjab State Electricity Regulatory Commission
(hereinafter referred as "PSERC"). The waiver of pending dues is not within the
power of the Ld. NCLT and reference was made to decision in the case of "Vikram
Sanghvi v. Bank of Baroda and Ors., 2021 SSC OnLine NCLT 298, paras 18, 20,
21".