During the CIRP moratorium, a Corporate Debtor cannot make payments for pre-CIRP dues. Any such voluntary payment made after the commencement of insolvency must be adjusted towards ongoing CIRP service dues, and pre-CIRP claims must be submitted through the formal insolvency resolution process.

Appearances:

Sh. Krishna Dev Vyas, Adv. : For the Applicant/IRP

None : For the non-applicant/Respondent/PVVNL

ORDER

1. This present application has been filed on 10.09.2025 under section 60(5) of the Insolvency and Bankruptcy Code, 2016 (“IBC/Code”), read with Rule 11 of the NCLT Rules, 2016 (“NCLT Rules”), by Interim Resolution Professional (“IRP/Applicant”) of M.S.A STEEL AND ALLOYS Private Limited (“Corporate Debtor”), seeking inter alia the following reliefs:

“A. Direct the Respondent, to provide complete details of the electricity units consumed during the pre-CIRP period and during the CIRP period; and/or

(b) Direct the Respondent to duly segregate the electricity charges pertaining to the pre-CIRP period and the during CIRP period, including fixed charges, demand charges, penalties (if any), and other components of the bill; and/or

(c) Direct the Respondent to refund the payment made towards electricity dues pertaining to the pre-CIRP period, which was paid during the CIRP period; and/or

(d)Restrain the Respondent from disconnecting the electricity connection and from taking any coercive action against the Corporate Debtor during the CIRP Period; and/or

(e) Pass such other order/ directions as this Hon’ble Adjudicating Authority may deem fit and proper in the facts and circumstances of the case.”

2. The brief background of the case is that Corporate Insolvency Resolution Process (CIRP) has been initiated against the Corporate Debtor vide order dated 18.03.2025, passed by this Tribunal, and Mr. Ankit Agarwal has been appointed as the Interim Resolution Professional (IRP). Subsequently, as stated in the application that upon commencement of the CIRP, the IRP issued a public announcement on 21.03.2025 in two newspapers, namely- Financial Express and Jansatta, inviting claims from creditors with the last date of submission being 01.04.2025.

3. As stated in the application, the Respondent No. 1 Pashimanchal Vidyut Vitran Nigam Limited Muzaffarnagar had raised electricity bill for the month of March 2025, amounting to Rs. 88,81,831/- (Rupees Eighty-Eight Lakh Eighty-One Thousand Eight Hundred and Thirty-one) and the same was paid by erstwhile IRP in full on 11.04.2025 and 15.04.2025.

4. The Applicant further avers that as the Corporate Debtor was admitted into the CIRP vide order dated 18.03.2025, passed by this Tribunal, the period from 01.03.2025 to 17.03.2025 falls under the pre-CIRP periods and claim for pre-CIRP dues cannot be unilaterally recovered during CIRP but must be routed through the claim filing mechanism under the Code. Respondent being an operational creditor is required to file claim for pre-CIRP dues before the IRP as per provision of the IBC and CIRP Regulations.

5. That this tribunal vide its order dated 30.07.2025 appointed Mr. Deepak Kumar Garg, Insolvency Professional having IBBI Reg. No. IBBI/IPA-002/IPN00796/2019 -2020/12560 (Applicant herein) as IRP in place of Mr. Ankit Agrawal.

6. Applicant IRP submits that despite repeated communications, both through letter dated 20.08.2025 and subsequent emails dated 20.08.2025 and 03.09.2025, the Respondent has failed to take any cognizance of the Applicant’s requests for providing information relating to segregation of units for Pre-CIRP period and CIRP Period and for refunding the amount paid against the Pre-CIRP dues. The Respondent has neither provided the required information regarding units consumed and segregation of charges, nor refunded the amount pertaining to the pre-CIRP period.

7. Applicant further submits that upon admission of a