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2024 Supreme(Online)(Mad) 56365

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SESHASAYEE, J
The National Sewing Thread Co. Ltd. – Appellant
Versus
The Superintending Engineer TANGEDCO – Respondent


Advocates:
For the Appellants/Petitioners: Mr.E.Omprakash, Mr.Imayavaramban
For the Respondents: Ms.Keerthana R.Shenoi, Mr.V.Venkata Seshaiya

ORDER

This petition was filed for a writ of certiorarified mandamus to quash the demand notice of the respondents and to further direct the respondents to provide the electricity connection.

THE FACTS:

2. The case of the petitioner is as below:

a) The petitioner herein is a public limited company, and it is also registered under the MSME Act, 2006. It had availed financial assistance from M/s. Indian Overseas Bank (henceforth IOB). However, it suffered huge business loss owing to which it could not service its loan-liability to the IOB, and as to be expected its loan was notified as NPA by the lender. Thereafter on 24.03.2017, the IOB assigned the debt of the petitioner-company to M/s. Alchemist Asset Reconstruction Company Ltd., (hereinafter referred to as 'Financial Creditor/FC).

b) The assignee of the loan, as a Financial Creditor moved the NCLT with an application under Sec.7 of the IBC against the petitioner- company for initiating a Corporate Insolvency Resolution Process (henceforth CIRP). The statutorily prescribed course of action commenced, accordingly an Interim Resolution Professional (IRP) was appointed, Committee of Creditors (IOB) was constituted, and it approved the

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