# In the matter of Employees Provident Fund Organisation
Through Regional Provident Fund Commissioner-II Vs. Mr. Subodh Kumar Agarwal & Ors. Company Appeal (AT) (Insolvency) No. 116 of 2022

> NCLAT judgment dated 2022-05-27. Citation: TCN-2022-NCLAT-00452. This appeal was filed against the order dated 14.12.2021 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 27 May 2022
- **Citation:** TCN-2022-NCLAT-00452
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/employees-provident-fund-organisation-through-regional-provident-fund-commission-a3f923f8

## Summary

### Background

This appeal was filed against the order dated 14.12.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, which allowed an application filed by the Resolution Professional for approval of the Resolution Plan in respect of ‘M/s Ambient Computronics Private Limited', the Corporate Debtor. The Corporate Debtor was brought under the purview of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 w.e.f. 01.11.2017. Insolvency proceedings were initiated against the Corporate Debtor by order dated 10.12.2020. The Corporate Debtor defaulted on compliance with the 1952 Act from October 2011 to October 2020. On 01.12.2020, the Appellant registered a case for assessment of dues of all categories of employees of the

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## Facts

The Employees Provident Fund Organisation (Appellant) filed an appeal against the order dated 14.12.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, which approved the Resolution Plan for ‘M/s Ambient Computronics Private Limited' (Corporate Debtor). The Corporate Debtor was brought under the purview of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 w.e.f. 01.11.2017. Insolvency proceedings were initiated against the Corporate Debtor by order dated 10.12.2020. The Corporate Debtor defaulted on compliance with the 1952 Act from October 2011 to October 2020. The Appellant initiated proceedings under Section 7A of the 1952 Act against the Corporate Debtor and issued a Show Cause Notice dated

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in approving the Resolution Plan without allocating funds …

**Ratio:** The law as it stands today does not require any claim which is not filed to be included

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**Reasoning:** The Tribunal noted that the claim under Section 7A was not crystallized at the time of

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**Interpretation:** The legal principle emphasizes the importance of creditors actively

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**Application:** In this case, since the Employees Provident Fund Organisation did not file a

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## Parties

- **Judges:** Ashok Bh…; Shreesha…; +2 more
- **Appellants:** Employees…
- **Respondents:** M/s Ambient…; Subodh Kumar…

## Timeline

- **2017-11-01 — Corporate Debtor under…**: Corporate Debtor brought under the purview of Employees Provident Fund and Miscellaneous…
- **2020-10-01 — Default P…**: Corporate Debtor defaulted on compliance with the 1952 Act from October 2011 to October…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 36(4) — Liquidation estate](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-36)

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