Cause Title : Paschimanchal Vidyut Vitran Nigam Ltd. vs Raman Ispat Private Limited & Ors., Civil Appeal Nos. 7976 Of 2019, Supreme Court Of India
Date of Judgment/Order : 17/7/2023
Corum : S. Ravindra Bhat, & Dipankar Datta, J
Citied:
- Board of Trustees, Port of Mumbai v. Indian Oil Corporation, 1998 (2) SCR 774
- State Tax Officer v. Rainbow Papers Ltd., 2022 (13) SCR 808
- Jitender Nath Singh v. Official Liquidator & Ors., 2012 (13) SCR 339
- ICICI Bank Ltd. v. Sidco Leathers Ltd., 2006 Supp (1) SCR 528
- Jalgaon Janta Shakari Bank Ltd. v. Joint Commissioner of Sales Tax, Nodal 9, Mumbai & Anr., 2022 SCC OnLine Bom 1767.
- The West Bengal State Electricity Distribution Company Limited v. Sri Vasavi Industries Limited & Anr., 2022 SCC Online Cal 1918
- Union of India & Ors. v. Shah Goverdhan L. Kabra Teachers' College, (2002) Supp (3) SCR 220. 14 UCO Bank & Anr. v. Dipak Debbarma & Ors., (2016) (11) SCR 723
- Innoventive Industries Ltd. v. ICICI Bank & Anr., (2017) 8 SCR 33
- Swiss Ribbons (P) Ltd. v. Union of India (2019) 4 SCC 17
- K. Shashidhar v. Indian Overseas Bank, 2019 (3) SCR 845
- Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta & Ors., 2019 (16) SCR 275
- Moser Baer Karamchari Union thr. President Mahesh Chand Sharma v. Union of India & Ors., 2023 SCC OnLine SC 547
- K.C. Ninan v. Kerala State Electricity Board, 2023 SCC Online SC 603
- Shrikant v. Vasantrao & Ors ., 2006 (1) SCR 496
- Municipal Commissioner of Dum Dum Municipality & Ors. v. Indian Tourism Development Corporation & Ors., 1995 (5) SCC 251
- Member, Board of Revenue v. Anthony Paul Benthall (1955) 2 SCR 842
- Brihan Mumbai Mahanagarpalika & Anr. v. Willington Sports Club & Ors., (2013) (16) SCR 216
- Sundaresh Bhatt, Liquidator of ABG Shipyard v. Central Board of Indirect Taxes and Customs, 2022 SCC Online SC 1101
- Duncans Industries Ltd. v. AJ Agrochem, (2019) 9 SCC 725
- CIT v. Monnet Ispat & Energy Ltd, (2018) 18 SCC 786
- Ghanashyam Mishra & Sons (P) Ltd. v. Edelweiss Asset Reconstruction Co. Ltd, [2021] 13 SCR 737
- Jagmohan Bajaj v. Shivam Fragrances Private Limited, 2018 SCC OnLine NCLAT 413
Background
The litigants entered into an agreement for supply of electricity which provided that outstanding electricity dues would constitute a ‘charge’ on its assets.
When the Corporate Debtor (CD) defaulted, PVVNL attached the corporate debtor’s properties The Tehsildar, Muzaffarnagar by Order No. 1423F dated 23.01.2016, restrained transfer of property by sale, donation or any other mode, and also created a charge on the properties. The corporate debtor initially underwent resolution process under the IBC, however that process was not successful. It therefore became subject to liquidation.
The liquidator alleged that unless the attachment orders of the District Collector, Muzaffarnagar and Tehsildar, Muzaffarnagar were set aside by the NCLT, no buyer would purchase the property of the corporate debtor due to uncertainty about the authority of the liquidator to sell the property. The liquidator also took the plea that PVVNL’s claim would be classified in order of priority prescribed under Section 53 of the IBC, and PVVNL would be entitled to pro rata distribution of proceeds along with the other secured creditors from sale of liquidation assets.
As per the petition of the Liquidator, NCLT and subsequently NCLAT held that PVVNL fell within the definition of ‘operational creditor’, which could realize its dues in the liquidation process in accordance with the law and directed the District Magistrate and Tehsildar, Muzaffarnagar to immediately release the attached property in its favour so as to enable sale of the property, and after realisation of the property’s value, to ensure its distribution in accordance with the relevant provisions of the IBC. Hence this appeal.
PVVNL, submitted that Sections 173 and 174 of the Electricity Act, 2003 had an overriding effect on all other laws except Consumer Protection Act, 1986; the Atomic Energy Act, 1962; and the Railway Act, 1989 and urged that provisions of the 2003 Act (Sections 42, 45 and 56) and the 2005 Code (Clauses 4.3 and 6.15), prescribed the mechanism for recovery of electricity charges. Thus, the provisions of IBC and the priority of claims under it in liquidation proceedings, were separate and applied in respect of other amounts available for distribution, after the recovery of electricity dues were permitted under the 2003 Act and 2005 Code.
The respondents submitted that electricity being government dues did not enjoy any priority as per the Waterfall mechanism under IBC.
Judgment
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