# In the matter of Dalmia Cement (Bharat) Limited vs. The Central Board of Trustees

> HC judgment dated 2025-04-29. Citation: TCN-2025-HC-00012. The Writ Petition No.693/2022 was filed questioning the claim of the Provident Fund Department to…

- **Court:** HC
- **Order date:** 29 Apr 2025
- **Citation:** TCN-2025-HC-00012
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/dalmia-cement-bharat-limited-vs-the-central-board-of-trustees-4742671d

## Summary

### Background

The Writ Petition No.693/2022 was filed questioning the claim of the Provident Fund Department to recover PF dues of the employees vis-a-vis the petitioner, which are not part of the resolution plan. The original petitioner company/Murli Industries had faced Insolvency proceedings initiated by an asset reconstruction company. An Interim Resolution Professional (IRP) was appointed, who called upon creditors to submit proof of their claims. The respondent (Employees Provident Fund Organization) intimated a claim but did not file anything further with the IRP. A resolution plan was submitted to NCLT, indicating the EPFO's claim, but the verifiable amount was nil. The resolution plan was approved, and appeals against it were dismissed by NCLAT and the Supreme Court. The

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## Facts

Murli Industries faced insolvency proceedings, and an IRP was appointed. The EPFO submitted a claim for Rs. 54,98,118/- but did not provide further verification. A resolution plan was approved by NCLT on 22.7.2019, with appeals dismissed by NCLAT and the Supreme Court. The resolution plan was for Murli Industries as a whole, including cement, paper, and solvent extraction units. The Regional Provident Fund Commissioner-II, Nagpur, passed an order on 04/02/2020 determining Rs.25,23,74,205/- as EPF dues payable by Murli Industries for the period 05/2009 to 01/2014. The petitioners (Dalmia Cement and Ascension companies) acquired Murli Industries under the resolution plan. The petitioners filed a writ petition challenging the EPFO's claim, arguing it was extinguished by

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## Issues and analysis

### Issue 1: Whether the provident fund of an employee, including the employer's contribution, can be considered …

**Ratio:** The provident fund of an employee is the property of the employee, held in trust by the

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**Reasoning:** The court reasoned that the basic concept of an 'asset' is something which is owned or

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**Interpretation:** The court interpreted the term 'asset' in the context of commercial law and the

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**Application:** The court applied the ratio to the facts of the case, holding that the

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## Parties

- **Judges:** AVINASH G.…; ABHAY J.…
- **Appellants:** Murli Industries…
- **Respondents:** Murli Industries…; Union of…
- **Other parties:** Kohi…

## Timeline

- **2017-04-05 — Initiation…**: Company Petition No.66 of 2017 filed under section 7 of the IB Code by Edelweiss Asset…
- **2017-04-11 — Public Announcement by…**: The IRP, by public announcement dated 11/4/2017, called upon the creditors to submit…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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