SUNITA AGARWAL, VIPIN CHANDRA DIXIT
Narendra Singh Panwar – Appellant
Versus
Pashchimanchal Vidyut Vitran Nigam Limited – Respondent
JUDGMENT :
1. Heard Sri Ashish Kumar Singh learned counsel for the petitioner, Sri Pranjal Mehrotra learned counsel for the respondent Nos.1 & 2 and learned Standing Counsel for the State respondents.
2. The present writ petition is directed against the notice of demand dated 30.06.2022 under Section 3 read with Section 5 of the U.P. Government Electrical Undertakings (Dues Recovery) Act, 1958, for recovery of electricity dues of the Company namely M/s Trimurti Concast Pvt ltd, a Company incorporated under the Companies Act, 1956. The petitioner herein is one of the two Directors of the aforesaid Company. Another Director Sri Ashok Sharma s/o Avtar Chand Sharma is also the noticee alongwith the petitioner herein, as indicated in the impugned notice itself.
3. The Company namely M/s Trimurti Concast Pvt ltd is in default of the dues of the respondent corporation and, as such, would be addressed as 'defaulter company' hereinafter.
4. The brief facts relevant to decide the controversy at hand are that on an application/petition filed by the M/s Ram Alloys Casting Pvt ltd under Section 7 of the Insolvency and Bankruptcy Code, 2016 (in short “IB Code” 2016) and the rules framed thereunder,
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