# In the matter of BKM Industries Limited

> NCLT judgment dated 2024-04-30. Citation: TCN-2024-NCLT-01527. The Assistant Provident Fund Commissioner filed an application under Section 60(5) of the…

- **Court:** NCLT
- **Order date:** 30 Apr 2024
- **Citation:** TCN-2024-NCLT-01527
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bkm-industries-limited-155d64b4

## Summary

### Background

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.

## Facts

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

…

## Issues and analysis

### Issue 1: Whether the application filed by the Assistant Provident Fund Commissioner seeking admission of its …

**Ratio:** Once a resolution plan is duly approved by the Adjudicating Authority, claims provided in

…

**Reasoning:** The court relied on the Supreme Court's judgment in Ghanashyam Mishra and Sons Private

…

**Interpretation:** The interpretation of Section 31 of the Insolvency and Bankruptcy Code, 2016,

…

**Application:** In this case, the Assistant Provident Fund Commissioner's claim was rejected by

…

## Parties

- **Judges:** BIDISHA BA…; SHRI. D.A…
- **Appellants:** TRIMURTI ASSOCIATE…
- **Respondents:** BKM INDUSTRIES…; BKM Industries…

## Timeline

- **2021-11-25 — Claim Subm…**: The Assistant Provident Fund Commissioner submitted its claim to the Resolution…
- **2021-12-28 — Claim Rej…**: The Resolution Professional rejected the claim of the Assistant Provident Fund…

## 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-division-bench-court-i-chenn/bkm-industries-limited-155d64b4