The Assistant Provident Fund Commissioner filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking the admission of a claim of Rs. 4,77,735 towards provident fund dues. The applicant's claim was initially submitted to the Resolution Professional (RP) via email on 2021-11-25 but was rejected by the RP on 2021-12-28. The Resolution Plan for the Corporate Debtor was approved by the Adjudicating Authority on 2023-09-19. The applicant filed the present application on 2024-04-12, after the rejection of the claim and the approval of the Resolution Plan.
The Assistant Provident Fund Commissioner filed a claim for Rs. 4,77,735 towards provident fund dues of the employees of BKM Industries Limited, the Corporate Debtor. The claim was submitted to the Resolution Professional (RP) on 2021-11-25 but was rejected on 2021-12-28. The Resolution Plan for BKM Industries Limited was approved by the Adjudicating Authority on 2023-09-19. The Assistant Provident Fund Commissioner filed the application on 2024-04-12, seeking admission of the claim after the rejection by the RP and the approval of the Resolution Plan. The applicant argued that the provident fund dues are a statutory liability and should be paid as CIRP costs. The RP rejected the claim, and the Resolution Plan was approved without including the claim. The court noted
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The Assistant Provident Fund Commissioner…
The Resolution Professional rejected the…
The Assistant Provident Fund Commissioner filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking the admission of a claim of Rs. 4,77,735 towards provident fund dues. The applicant's claim was initially submitted to the Resolution Professional (RP) via email on 2021-11-25 but was rejected by the RP on 2021-12-28. The Resolution Plan for the Corporate Debtor was approved by the Adjudicating Authority on 2023-09-19. The applicant filed the present application on 2024-04-12, after the rejection of the claim and the approval of the Resolution Plan.
The Assistant Provident Fund Commissioner filed a claim for Rs. 4,77,735 towards provident fund dues of the employees of BKM Industries Limited, the Corporate Debtor. The claim was submitted to the Resolution Professional (RP) on 2021-11-25 but was rejected on 2021-12-28. The Resolution Plan for BKM Industries Limited was approved by the Adjudicating Authority on 2023-09-19. The Assistant Provident Fund Commissioner filed the application on 2024-04-12, seeking admission of the claim after the rejection by the RP and the approval of the Resolution Plan. The applicant argued that the provident fund dues are a statutory liability and should be paid as CIRP costs. The RP rejected the claim, and the Resolution Plan was approved without including the claim. The court noted
…The Assistant Provident Fund Commissioner…
The Resolution Professional rejected the…