# In the matter of Inasra Technologies Pvt. Ltd. MA-981 & 982-2019 in CP-559-IB-2017

> NCLT judgment dated 2021-08-02. Citation: TCN-2021-NCLT-01521. The Regional Provident Fund Commissioner filed two applications, MA/981/2019 and MA/982/2019,…

- **Court:** NCLT
- **Order date:** 2 Aug 2021
- **Citation:** TCN-2021-NCLT-01521
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/inasra-technologies-pvt-ltd-ma-981-982-2019-in-cp-559-ib-2017-6f33e716

## Summary

### Background

The Regional Provident Fund Commissioner filed two applications, MA/981/2019 and MA/982/2019, challenging the Liquidator's rejection of its claim for provident fund dues, including penal damages and interest, and seeking condonation of delay in filing the claim.

## Facts

The Corporate Insolvency Resolution Process ( CIRP ) for M/s. Inasra Technologies Pvt. Ltd. was initiated by the Tribunal on September 15, 2017. Following a public announcement, the Regional Provident Fund Commissioner (Applicant) filed a claim before the Interim Resolution Professional (IRP) for Rs.38,054 on January 17, 2018, covering the default period from April 2013 to September 2015. On August 16, 2018, the Tribunal ordered the liquidation of the Corporate Debtor. After two initial liquidators expressed their inability to serve, the Applicant was appointed as the Liquidator. The Applicant was informed on October 30, 2018, that the Resolution Professional had become functus officio. Subsequently, on November 2, 2018, the Applicant requested the Respondent to pay

…

## Issues and analysis

### Issue 1: Whether the delay of 164 days in filing the …

**Ratio:** The Tribunal's focus on the nature of PF dues and their exclusion from the liquidation

…

**Reasoning:** The Tribunal did not explicitly address the condonation of delay in its reasoning, but

…

**Interpretation:** The Tribunal interpreted the provisions to prioritize the substantive right to

…

**Application:** The Tribunal's decision to quash the Liquidator's rejection and direct

…

## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** The Regional…; Employees…
- **Respondents:** Inasra Technologie…; S. Ka…; +1 more
- **Advocates:** For Applicant: K.…

## Timeline

- **September 15, 2017 — CIRP Init…**: Corporate Insolvency Resolution Process initiated for M/s. Inasra Technologies Pvt. Ltd.…
- **January 17, 2018 — Initial Clai…**: Applicant filed a claim for Rs.38,054 before the Interim Resolution Professional for the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/inasra-technologies-pvt-ltd-ma-981-982-2019-in-cp-559-ib-2017-6f33e716