Sanskriti Allottee Welfare Association Vs Gaurav Katiyar (NCLAT Delhi)
NCLAT Delhi held that electricity supply by NPCL, being in nature of supply of essential goods, was necessary to be continued during the period of moratorium (CIRP period). Accordingly, order granting liberty to the RP (Resolution Professional) to take coercive steps with regard to payment of the same justified.
Facts- The Corporate Debtor- Earthcon Infracon Pvt. Ltd. was developing a residential project named ‘Sanskriti’ with another housing project named ‘CASA’. The Appellants represent Home Buyers of ‘Sanskriti’. In 2019, a Section 7 application was admitted by the Adjudicating Authority following which the Corporate Debtor was admitted into Corporate Insolvency Resolution Proceedings. The RP-Respondent No.1 was appointed to manage the operations of the Corporate Debtor as a going concern during the moratorium period, which included providing maintenance services and electricity to the Home Buyers, who received possession of their respective apartments between February, 2018 and January, 2020.
On the insolvency commencement date, the Home Buyers were paying maintenance fee @ Rs.1 per sq. ft. plus GST. However, there was admittedly an outstanding electricity bill payable to Noida Power Corporation Limited.
As the accumulated unpaid electricity charges to NPCL kept on escalating, the 12th meeting of the Committee of Creditors (‘COC’) on 21.01.2022 passed a resolution to increase the maintenance rate from Rs. 1 to Rs. 2 per sq. ft. plus GST so as to also include defraying of electricity charges also.
