Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 06.11.2026
Case Overview
This appeal was filed by Manoj Kumar Anand, the Resolution Professional of Parsvnath Developers Ltd., against BSES Yamuna Power Ltd. The appeal challenges an impugned order dated 06/10/2026 passed by the NCLT, New Delhi in New IA No. 4791/ND/2026 in CP(IB) No. 468/PB/2024. The NCLT order had merely issued notice to respondents and adjourned the matter to 30.10.2026 without providing immediate relief.
The Resolution Professional sought directions to compel BSES Yamuna Power Ltd. to immediately restore electricity supply to the corporate debtor's registered office located at Parsvnath Tower, Near Shahdara Metro Station, Delhi, and maintain uninterrupted supply during the Corporate Insolvency Resolution Process (CIRP). The electricity was disconnected on 28.09.2026, severely impacting operations.
The appellant argued that electricity constitutes an essential supply protected under Section 14(2) of the Insolvency and Bankruptcy Code read with Regulation 32 of the CIRP Regulations, 2016. The disconnection was obstructing the CIRP process and preventing the Resolution Professional from maintaining the corporate debtor as a going concern. The premises served as the principal place of business and head office, which previously housed approximately 200 employees and currently requires 60-70 employees to operate during CIRP proceedings.
The appellant also informed the tribunal about a recent Supreme Court order dated 05.11.2026 in Civil Appeal No. 630 of 2026, which unfroze the corporate debtor's accounts to allow payments for electricity dues and other essential supplies, while directing the Committee of Creditors to arrange payments to the Resolution Professional.
Final Outcome
The NCLAT accepted the Resolution Professional's commitment to clear outstanding electricity dues of approximately Rs. 43,35,200 within one month. Based on this undertaking and considering the urgency of restoring essential services, the tribunal directed BSES Yamuna Power Ltd. to immediately restore electricity supply to Parsvnath Tower and maintain uninterrupted supply for 30 days. The tribunal also directed that a Committee of Creditors meeting be conducted within 30 days to arrange interim finance and ensure payment of dues. The appeal was listed for next hearing on 18.12.2026.
Topics: Insolvency Proceedings, Essential Services, Utility Disconnection