2019] 187
24. It is now a well settled principle of law that the Courts should lean in favour
of such construction of statute whereby its jurisdiction is retained enabling it to
mould the relief, subject of course, to the applicability of law in the fact situation
obtaining in each case.”
There
can
be
no
dispute
with
the
aforesaid
proposition.
In
the
fact
and
circumstances
of
the
case,
taking
into
consideration
the
over
all -
scenario,
the
impugned
order
calls
for
no
interference.
However,
direction
to^
prosecute
appellant
Ram
Prakash
Mittal
in
the
facts
of
the
case
is
set
aside.The
appeals
are
accordingly
disposed
of.
The
parties
to
bear
their
own
costs.
nn[2019] 154 SCL 187/106 taxmann.com 280 (NCLT - Hyd.)
NATIONAL COMPANY LAW TRIBUNAL, HYDERABAD BENCHSree Ramakrishna Alloys Ltd.
v.
Eastern Power Distribution Company of AP Ltd.
RATAKONDA MURALI, JUDICIAL MEMBER
IA NO. 270 OF 2019
CP (IB) NO. 39/7/HDB/2017
MAY 8, 2019Where corporate debtor under liquidation became non-operational, it did
not require high tension power connection; power distribution company was
directed to change high transmission supply of higher tariff to low transmis-
sion on application by liquidator
Section 35, read with section 60, of the Insolvency and Bankruptcy Code, 2016
- Corporate liquidation process - Liquidator - Powers and duties of - Corporate
debtor, engaged in manufacturing of Iron and Steel, obtained high transmission
(HT) power service from respondent power distribution company for running its
company - Order of liquidation of corporate debtor was passed and applicant
was appointed as liquidator - Operations at factory of corporate debtor closed
down and there was no need for HT power line - HT tariff rates were higher than
LT (low transmission) rates - Thus, liquidator sought direction to respondent to
change supply of power from HT to LT - Whether liquidator was to be directed
Sree Ramakrishna Alloys
v.
Eastern Power Distribution (NCLT - Hyd.)