IN RE Vs. ANG INDUSTRIES LTD

JUDGEMENT

(1.) Ld. Counsel for the Petitioner/Corporate Debtor submits that a Moratorium was imposed vidc order dated 31st August, 2017. During the period the period when the order or Admission was reserved, the electrici ty supply was disconnceted on 28th August, 2017. Ld. Counsel for the Uttrakhand Elrctricity Department submit that the same shall be restored only subject to clearance of the outstanding dues. He has relied upon the judgment in the matter of the Exccutive Engineer-II, E1ectricity Department, State of Puducherry & ors Vs. Sri Kanaka Durga Castings Pvt.Ltd, 2013 6 SCC 415; Amar Amit Jalan Alloys Pvt. Ltd. Vs. Maharashtra Static Electricity Board & Ors., 2005 13 SCC 126)and Kanpur Elect.Supply Co. Ltd. & Anr. M/s L.M.L.. Ltd. & Ors in S.L.P(Civil) No.33984 of 2009. wherein reconnection of electricity supply was directed to be restore upon payment of dues with interest. Ld. Counsel has further relied upon Section 56 of the Electricity Act, 2003 in support of his argument.

(2.) On disconnection of thr electric supply, the entire opwration in the factory of the Corporate Debtor has come to a halt.Noties was issued vide an oeder dated 28th September,2017 of this Bench to show Cause Nptice as to why despite notice of the Moratorium, imposed vide order dated 31.8.2017, it was specifically directed in para 22 of order admitting the petition for CIRP that;

(3.) Though the Corporate Debtor submits that the notice was dispatched on 1st September, 2017 and duly received on 9th September, 2017, Ld. Counsel for the Electricity Department states that the said order had been communicated on 4* October, 2017. It has further been controverted by the Ld. Counsel for the Electricity Department that the said order was communicated to them at their correct address.