Shree Rajasthan Syntex Ltd vs Chief Engineer (Commercial) on 17 April, 2025

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Though we have some reservations on the reasoning given by

the National Company Law Appellate Tribunal, Principal Bench, New

Delhi, which could be interpreted as not being in consonance with

the ratio laid down by this Court in Paschimanchal Vidyut Vitran

Nigam Ltd. v. Raman Ispat Pvt. Ltd. and Others,1 we are not

inclined to issue notice as we are of the opinion that the truing

up, insofar as the fuel surcharge is concerned, was subsequent to

the commencement of the proceedings under Section 54C of the

Insolvency and Bankruptcy Code, 2016.



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