# In the matter of Empee Power Company India Ltd.

> NCLT judgment dated 2024-03-04. Citation: TCN-2024-NCLT-02241. The application IA/2191(CHE)/2023 was filed seeking permission to treat Rs.47,73,270/- payable…

- **Court:** NCLT
- **Order date:** 4 Mar 2024
- **Citation:** TCN-2024-NCLT-02241
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/empee-power-company-india-ltd-9513753d

## Summary

### Background

The application IA/2191(CHE)/2023 was filed seeking permission to treat Rs.47,73,270/- payable as PF and Gratuity to the workmen, irrespective of whether they have filed their claims or not, as per the books of the Corporate Debtor, as being outside the liquidation estate of the Corporate Debtor. The Corporate Debtor was admitted into CIRP on 13.01.2019, and a liquidation order was passed on 21.02.2022 after no resolution plan was approved. The Liquidator issued a public notice inviting claims. About 29 workmen filed claims for Rs.45,76,520/-, out of which Rs.41,15,294/- were admitted. The Liquidator sold the assets of the Corporate Debtor and realized Rs.15,13,10,000/- to be distributed among creditors and stakeholders.

## Facts

The Liquidator of M/s. Empee Power Company India Ltd. filed an application (IA/2191(CHE)/2023) seeking permission to treat Rs.47,73,270/- payable as PF and Gratuity to the workmen as being outside the liquidation estate of the Corporate Debtor. The Corporate Debtor was admitted into CIRP on 13.01.2019, and subsequently, a liquidation order was passed on 21.02.2022. The Liquidator issued a public notice inviting claims, and 29 workmen filed claims for Rs.45,76,520/-, out of which Rs.41,15,294/- were admitted. The Liquidator realized Rs.15,13,10,000/- from selling the assets of the Corporate Debtor. The respondents, Stakeholders Consultation Committee & Another, were served notice but remained absent during the hearing. The applicant argued that under Section

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## Issues and analysis

### Issue 1: Whether the sum of Rs.47,73,270/- payable as PF and Gratuity to workmen should be treated as …

**Ratio:** Monies due to any workman or employee from the Provident Fund, Pension Fund, or the

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**Reasoning:** The Tribunal considered the averments made and the law laid down in previous cases,

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**Interpretation:** Section 36(4)(a)(iii) of the IBC is interpreted to mean that any dues related

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**Application:** Given that the sum of Rs.47,73,270/- represents PF and Gratuity payable to

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## Parties

- **Judges:** SANJIV…; Venkataraman…
- **Appellants:** Liquidator of…
- **Respondents:** Empee Power…; Stakeholders…
- **Advocates:** Shri. Avinash…; Shri. Jerin Asher…

## Timeline

- **2019-01-13 — CIRP Admi…**: The Corporate Debtor was admitted into…
- **2022-02-21 — Liquidation…**: A liquidation order was passed as…

## 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)

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