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S. RAVINDRA BHAT, DIPANKAR DATTA
Paschimanchal Vidyut Vitran Nigam Ltd. – Appellant
Versus
Raman Ispat Private Limited – Respondent
| Table of Content |
|---|
| 1. background on corporate debtor's insolvency process. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments by pvvnl focusing on prioritization under the electricity act. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. counter-arguments by liquidator regarding ibc prioritization. (Para 13 , 14 , 17 , 18 , 19) |
| 4. analysis of the ibc's provisions and statutory interpretation. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 5. recovery mechanisms under the electricity act and state regulations. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53) |
| 6. effect of non-registration of a charge under the companies act. (Para 54 , 55 , 56) |
| 7. final conclusion of the court ruling. (Para 57 , 58) |
JUDGMENT :
S. RAVINDRA BHAT, J.
1. The appellant Paschimanchal Vidyut Vitran Nigam Limited (hereinafter “PVVNL”) is aggrieved by an order of the National Company Law Appellate Tribunal (hereinafter, “NCLAT”)1 [Company Appeal (AT) (Insolvency) No. 639 of 2018, dated 15.05.2019] which rejected its appeal against an order of the National Company Law Tribunal, Allahabad (hereinafter “NCLT”/“Adjudicating Authority”)2 [C.A. No. 88/ALD/2018 in CP
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