Chief Engineer (Commercial), Ajmer, Ajmer Vidyut Vitran Nigam Ltd. Add: Vidyut Bhawan, Panchsheel nagar, Ajmer305004 Email: cecoma [email protected] Managing Director, Ajmer Vidyut Vitran Nigam Ltd. Vidyut bhawan, Panchsheel Nagar, Ajmer305004 ...Respondents Email: [email protected] Present: For Appellant: Mr. Krishnendu Datta, Sr. Advocate, Mr. Anjaneya Mishra, Mr. Sahil, Mr. Nidish Gupta, Advocates and Mr. Prakul Khurana, Mr. Yash Tandon. For Respondents: Mr. Bipin Gupta, Advocate for R 1 & 2. Mr. Gaurav Mitra, Ms. Neha Agarwal, Ms. Lavanya, Advocates for R3. J U D G M EN T (11th March, 2025) INDEVAR PANDEY, MEMBER (T) This appeal has been filed under Section 61(1) of Insolvency & Bankruptcy Code, 2016 (hereinafter rereferred to as 'Code'). The appeal arises from the impugned order dated 14.06.2024, passed by the National Company Cont'd..../ 2 Law Tribunal, Jaipur Bench (hereinafter referred to as "Adjudicating Authority") in IA No. 283/JPR/2023 in CP No. (IBPP)01/54C/JPR/2022. The Adjudicating Authority vide the impugned order permitted the Respondents, Chief Engineer (Commercial), Ajmer Vidyut Vitran Nigam Ltd. (Respondent No.1), to bill and recover Fuel Surcharge (FS) and Special Fuel Surcharge (SFS) from M/s Shree Rajasthan Syntex Ltd. (Appellant), for periods prior to the admission of the Company in PrePackaged Insolvency Resolution Process (PPIRP). 2. It is the contention of the appellant that this order was passed despite the approval of the Base Resolution Plan of the Appellant on 22.08.2023. The Appellant contends that the impugned order contravenes the principles of the Insolvency and Bankruptcy Code, 2016, particularly Section 31(1), which provides for a "clean slate" after the approval of a resolution plan. The Appellant challenges the legal and financial implications of the said order, contending that the Respondents failed to file their claims within the prescribed period and are now attempting to recover dues contrary to the provisions of the Code. Brief facts of the case 3. M/s Shree Rajasthan Syntex Ltd./Appellant, is a public listed company engaged in the manufacturing of synthetic spun yarns, cotton yarns, and polypropylene yarns. It is a registered MSME with Udyam Registration Certificate No. UDYAMRJ330000458, dated 21.07.2020. The company operates a textile yarn manufacturing plant in the tribal District of Dungarpur, Rajasthan. Company Appeal (AT) (Ins.) No. 1411 of 2024 3 4. In 2022, the Appellant filed CP No. (IBPP)01/54C/JPR/2022 before the Adjudicating Authority under Section 54C of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Prepackaged Insolvency Resolution Process (PPIRP). On 19.04.2023, the Adjudicating Authority admitted the PPIRP application and appointed Dr. Lekh Raj Bajaj as the Resolution Professional (RP). 5. On 19.04.2023, the Appellant submitted a list of claims to the RP under Regulation 20 of the PPIRP Regulations, 2021. On 26.04.2023, the RP issued a public announcement (Form P9), published in Financial Express (English) and Rasthtadut, Udaipur (Hindi), inviting claims from creditors. The Respondents did not file any claim regarding FS and SFS during the claim submission period. 6. The Appellant received bills dated 05.04.2023 and 05.05.2023, wherein the Respondent No. 1 charged Rs. 18,13,013/ and Rs. 27,89,415/, respectively, towards Fuel Surcharge (FS) for the period October 2021 June 2022. Additional demands were raised for Rs. 2,23,97,641/ Special Fuel Surcharge (SFS) and Rs. 63,82,275/ as SFS for Permanently Disconnected Connection based on the Rajasthan Electricity Regulatory Commission's order dated 01.09.2022. It is the submissions of the appellant that both the aforesaid demands pertain to the period between years 2013 to 2018. 7. On 22.05.2023, the Appellant filed IA No. 283/JP