Rajeswara Rao Vittanala, Member - (1.) The Company Application No.9 of 2018 in CP (IB) No.39/7/HDB/2017 is filed by Mr. Vikram Kumar, Resolution Professional in the matter of Sree Ramakrishna Alloys Limited, under section 14(2) and Section 19(2) of the Insolvency & Bankruptcy Code 2016 by inter alia praying the following relief from this Bench: a) to direct the Respondent No.2 and 3 viz., APEPDCL represented by its constituent officers to immediately restore the electricity connection to "Sree Ramakrishna Alloys Limited", the Corporate Debtor undergoing CIRP under the code; b) to direct the Respondent No.2 and 3 viz APEPDCL represented by its constituent officers to ensure that the electricity connection should not be terminated or suspended or interrupted during the moratorium period; c) to direct the Respondent No.2 and 3 viz APEPDCL represented by its constituent officers to file its claim before the Resolution Professional d) for all its outstanding dues as on 145th September, 2017 i.e., the date of commencement of CIRP; and e) to pass such other order or orders a this Hon'ble Tribunal deems fit and proper in the circumstances of the case.
(2.) Heard Mr. Yash Vardhan, learned Counsel for the Petitioner and Mr. Vikram Kumar, Resolution Professional. The Learned R.P. submits that in pursuant to his appointment as IRP by an order dated 14.09.2017, he has initiated the process of IRP in respect of the Company. He submit that he is functioning in the premises of the Company, wherein the staff numbering about 11 persons are working, and all of a sudden electricity connection was disconnected by the 2nd Respondent on 12.12.2017, even though he made a request to the 2nd Respondent and the 2nd Respondent did not adhere to his request and they are suffering a lot with the disconnection of electricity.
(3.) He further submits that under Section 14 (2) of IBC electricity being essential services under Regulations 32 of the CIRP Regulations should not be terminated or suspended or interrupted during the period of moratorium. The learned RP further submitted that he has filed representation dated 18.12.2017 requesting the APEPDCL to immediately restore the electricity connection.;