- (1.) This is an application filed by the Resolution Professional seeking the following reliefs against the Respondents: (a) To direct Respondent Nos.l to 3 to refrain from disconnecting the electricity supply of the Corporate Debtor till the completion of Corporate Insolvency Resolution Process subject to the proviso under sub-section (4) of Section 14 of the Insolvency and Bankruptcy Code, 2016. (b) To pass an ex-parte ad-interim order directing Respondent Nos. 1 to 3 to continue the electricity supply to the Applicant till the completion of corporate insolvency resolution process subject to the proviso under Section 14 of the Insolvency and Bankruptcy Code, 2016. (c) To award costs of this application. (d) To pass any other order(s) in favour of the Applicant as the Hon'ble Tribunal may deem fit and appropriate in the facts and circumstances of the case.
(2.) The Corporate Debtor was put on insolvency resolution process on the order of this Adjudicating Authority dated 29.9.2017 under section 7 of the Code on a Petition filed by Axis Bank Ltd. The Respondents are Electricity Distribution Company providing electricity to the Corporate Debtor at their respective units. The Corporate Debtor owes a sum of Rs. 37,18,173/- to the Respondents as on November, 2017, due to the non-payment of the same, the Respondents issued Notice of disconnection of electricity to the Corporate Debtor. Subsequently, the Respondent 1 disconnected the electricity supply on 26.12.2017 availed by one of the Units of the Corporate Debtor located at Kawardha.
(3.) The Applicant on the assumption that moratorium imposed by this Tribunal under section 14 of the I&B Code, read with Regulation 32 of the Insolvency and Bankruptcy Board of India (Insolvency resolution process for Corporate person) Resolution 2016 is applicable in respect of electricity supplied by the Respondent, filed this Application with the above prayers.;