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1 - 10 of 19 (0.25 seconds)The Electricity Act, 2003
Paschimanchal Vidyut Vitran Nigam Ltd vs Raman Ispat Pvt. Ltd. & Ors on 15 May, 2019
"In our opinion, the legal issue is covered by
the judgment of this Court in "Paschimanchal
Vidyut Vitran Nigam Ltd. vs. Raman Ispat
Private Limited and Others" and the order of
this Court in "Southern Power Distribution
Company of Andhra Pradesh Limited vs.
Gavi Siddeswara Steels (India) Pvt. Ltd. and
Another." The appellant - Tata Power
Western Odisha Distribution Limited cannot
insist on payment of arrears, which have to
be paid in terms of the waterfall mechanism,
Company Appeal (AT) Insolvency No. 527 of 2023
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for grant of an electricity connection.
However, the successful resolution applicant
will have to comply with the other
requirements for grant of electricity
connection. The clean slate principle would
stand negated if the successful resolution
applicant is asked to pay the arrears
payable by the corporate debtor for the grant
of an electricity connection in her/his name.
Telangana State Southern Power ... vs M/S Srigdhaa Beverages on 1 June, 2020
In the case of "Chinar Steel Segments Centre Pvt. Ltd. vs. Samir
Kumar Agarwal" (Supra), this Tribunal has noticed the judgment of Hon'ble
Supreme Court in "Telangana State Southern Power Distribution
Company Ltd. & Anr. vs. Srigdhaa Beverages" as well as "Eastern Power
Distribution Company of Andhra Pradesh Limited vs. Maithan Alloys
Limited & Ors.- Company Appeal (AT) (Ins.) No.961 of 2021" of this
Tribunal which judgment has also been relied by the Adjudicating Authority
in the impugned order.
Chinar Steel Segments Centre Private ... vs Samir Kumar Agarwal Liquidator Of ... on 11 October, 2023
16. The issue raised in the present appeal are fully covered by judgment
of Hon'ble Supreme Court in "Tata Power Western Odisha Distribution
Limited (TPWODL) & Anr. vs. Jagannath Sponge Private Limited, Civil
Appeal No.5556 of 2023" which judgment has also been relied by this
Tribunal in "Chinar Steel Segments Centre Pvt. Ltd. vs. Samir Kumar
Agarwal" (Supra). It shall be sufficient to quote Para 37 and 38 of the
judgment of "Chinar Steel Segments Centre Pvt. Ltd.", where judgment of
Hon'ble Supreme Court date 11.09.2023 in "Tata Power" has also been
Company Appeal (AT) Insolvency No. 527 of 2023
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considered. Para 37 and 38 of the "Chinar Steel Segments Centre Pvt.
Ltd." is as follows:
Section 53 in The Electricity Act, 2003 [Entire Act]
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
Section 5 in The Electricity Act, 2003 [Entire Act]
Tata Power Western Odisha Distribution ... vs Jagannath Sponge Pvt. Ltd on 8 August, 2023
17. The Hon'ble Supreme Court in "Tata Power" (Supra) clearly held
that Tata Power cannot insist on payment of arrears for granting electricity
connection. This Tribunal in "Chinar Steel Segments Centre Pvt. Ltd."
after noticing the judgment of Hon'ble Supreme Court and this Tribunal has
ultimately allowed the appeal and issued directions in Para 39 of the
judgment, which are to the following effect: