JUDGEMENT

(Date: 15.03.2022) (VIRTUAL MODE) [Per.: Dr. Alok Srivastava, Member (Technical)] The present appeal bearing CA(AT)(Insolvency) No. 119 of 2022 filed under section 61 of the Insolvency and Bankruptcy Code, 2016 (hereafter called ‘IBC’) arises out of the order dated 25.11.2021 (hereafter called ‘Impugned Order’) passed by the Adjudicating Authority (NCLT, Kolkata Bench) in I.A.(IB) No. 119/KB/2021 in CP (IB) No.1440/KB/2018.

2. On an application to be filed by the Successful Resolution Applicant Kharkia Steels Pvt. Ltd. for a new connection on temporary basis the Adjudicating Authority has directed by the Impugned Order that the successful resolution applicant shall deposit the requisite security deposit amount for the new connection to DVC, whereafter DVC shall process the application within ten days and provide the new connection for electricity supply to the successful resolution applicant. The Appellant/DVC is aggrieved by this order in that while his appeal CA (AT)(Ins) 1111 of 2019 is pending consideration before the NCLAT, wherein he has assailed the approval of the resolution plan, the Adjudicating Authority has provided a final relied in the form of direction for providing new connection to the successful resolution applicant.

3. The facts of the case, as stated and argued by the Appellant/DVC, are that the Appellant/DVC entered into a Power Purchase Agreement with Corporate Debtor Kharkia Steels Pvt. Ltd. (Respondent No. 1) on 28.7.2009. Due to large quantum of unpaid dues, a notice of disconnection of power supply was sent by the DVC vide letter dated 12.8.2015 to the corporate debtor. Thereafter in September 2019, Dena Bank, a Financial Creditor filed an application under section 7 of the IBC for initiation of Corporate Insolvency Resolution Process (in short ‘CIRP’) of the Corporate Debtor, which was admitted vide order dated 26.9.2019 of the Adjudicating Authority. Upon completion of the CIRP, the Resolution Plan proposed by ‘Amritvani Exim Private Limited’ was approved by the Committee of Creditors and subsequently approved by the Adjudicating Authority vide order dated 21.9.2020. The Successful Resolution Applicant applied for reconnection of power supply to the premises of the Corporate Debtor vide letter dated 12.10.2020. On an application, filed by the Successful Resolution Applicant, bearing No. I.A. No. 119/KB/2022 in CP (IB) 1441/2018, the Impugned Order was passed and aggrieved by the Impugned Order, the Appellant has filed this appeal.

4. We heard the arguments advanced by the learned senior counsels for both the parties and perused the record.

5. The Learned Senior Counsel for Appellant has argued that the Appellant has preferred an appeal bearing number CA (AT(Ins) No. 1111 of 2019 assailing the impugned order dated 21.9.2020 by which the Adjudicating Authority has approved the resolution plan of the corporate debtor. In the meanwhile, during the pendency of this appeal the successful resolution applicant filed an interlocutory application bearing number I.A.(IB) No. 119/KB/2021 in CP (IB) No.1440/KB/2018 for giving direction to the DVDC/Appellant to provide new electricity connection in accordance with the provisions in the approved resolution. She has contended that by allowing the IA No. 119/KB/2021 the Adjudicating Authority has given final and substantive relief to the successful resolution applicant through an interim order when the appeal assailing the resolution plan approval was pending, which is not proper. She has argued that the legality of the approval of the resolution plan should have been decided first before granting any relief in this matter to the successful resolution applicant.

6. The Learned Senior Counsel for Appellant has also argued that payment of past dues and reconnection of electricity supply after depositing security deposit are covered under the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations made under the