14 Jan 2022

Page 1 of 9

IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

KOLKATA

I.A. (IB) No.989/KB/2021

in

C.P. (IB) No.369/KB/2020

An application under section 60(5) of the Insolvency and Bankruptcy Code, 2016 read

with rule 11 of the National Company Law Tribunal Rules, 2016.

In the matter of:

DBS Bank Limited

…

Financial Creditor

versus

Hindusthan National Glass & Industries Limited

... Corporate Debtor

and

In the matter of:

Girish Sriram Juneja, Interim Resolution Professional

of Hindustan National Glass & Industries Limited

... Applicant

versus

1. Electricity Department, Government of Puducherry

2. West Bengal State Electricity Distribution Co. Ltd.

3. Uttarakhand Power Corporation Ltd.

4. Maharashtra State Electricity Distribution Co. Ltd.

5. Altillium Energie Pvt. Ltd.

6. Uttar Haryana Bijli Vitran Nigam

7. Southern Power Distribution Company of Andhra Pradesh Ltd.

8. GAIL (India) Ltd.

9. GSPC Energy Ltd.

10. Manikaran Power Ltd.

11. Kreate Energy (I) Pvt. Ltd.

...

Respondents

Coram:

Mr. Rajasekhar V.K.

:

Member (Judicial)

Mr. Balraj Joshi

:

Member (Technical)

Appearances (via videoconference):

For the Applicant

:

1. Mr. Siddharth Ranade, Advocate

2. Mr. Raghav Bhargava, Advocate

3. Mr. Souvik Mazumdar, Advocate

4. Mr. Sourojit Dasgupta, Advocate

IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

I.A. (IB) No.989/KB/2021 in C.P. (IB) No.369/KB/2020

Girish Juneja, IRP of Hindusthan Glass & Ind Ltd v Electricity Deptt, Govt of Pondicherry & others

____________________________________________________________________________________________

14 Jan 2022

Page 2 of 9

For the Respondent No.9

:

1. Mr. Aspi Kapadia, Advocate

2. Mr. Piyush Joshi, Advocate

3. Ms. Sumiti Yadava, Advocate

4. Ms. Rashhmi Singhee, Advocate

5. Ms. Madhuja Barman, Advocate

Date of hearing: 01 December, 2021

Date of pronouncement: 14 January, 2022

ORDER

Per: Rajasekhar V.K., Member (Judicial)

1.

Preamble

1.1.

The Court convened through video conferencing.

1.2.

At the outset, we have to record the fact the I.A. was heard and reserved for

order on 01 December 2021 but the same could not be pronounced due to certain

unavoidable circumstances.

1.3.

IA (IB) No.989/KB/2021 has been filed by the Interim Resolution Professional

(IRP) of Hindusthan National Glass & Industries Ltd. seeking the following

reliefs:

“b. restrain the Respondents from disconnecting the electricity and/or fuel/gas

supply to the Corporate Debtor, pending the Corporate Insolvency

Resolution Process (“CIRP”).

c. issue appropriate directions in relation to the payment of outstanding

arrears including any penalties/interest that may arise on account on non-

payment of such arrears pertaining to the pre-CIRP period in relation to

electricity and/or fuel/gas dues to the Respondents in accordance with

section 14(2) of the Code.”

2.

The case of the Applicant:

2.1.

This Adjudicating Authority on a petition filed by DBS Bank Ltd. under section

7 of the Insolvency and Bankruptcy Code, 2016 (“the Code”), admitted the

Corporate Debtor in CIRP vide order dated 21.10.2021. The Applicant was

appointed as the Interim Resolution Professional.

IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

I.A. (IB) No.989/KB/2021 in C.P. (IB) No.369/KB/2020

Girish Juneja, IRP of Hindusthan Glass & Ind Ltd v Electricity Deptt, Govt of Pondicherry & others

____________________________________________________________________________________________

14 Jan 2022

Page 3 of 9

2.2.

The Applicant issued public announcement on 23.10.2021 inviting claims from

the creditors of the Corporate Debtor and sent email to Respondent No.1;

2.3.

The Respondents No.1 to 7 supply electricity and Respondents No.8 to 11

supply power and fuel to the Corporate Debtor.

2.4.

Instead of submitting its claim. the Respondent No.1 has raised an electricity

bill dated 13.10.2021 with the due date dated 27.10.2021