# In the matter of Foodco Delicacies India Private Limited IA(IBC)-479-KOB-2022 in CP(IB)-08-KOB-2021

> NCLT judgment dated 2023-03-16. Citation: TCN-2023-NCLT-04216. The Regional Provident Fund Commissioner filed an application under Section 60(5) of the…

- **Court:** NCLT
- **Order date:** 16 Mar 2023
- **Citation:** TCN-2023-NCLT-04216
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/foodco-delicacies-india-private-limited-iaibc-479-kob-2022-in-cpib-08-kob-2021-a41f2f04

## Summary

### Background

The Regional Provident Fund Commissioner filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the NCLT Rules, 2016, seeking to set aside the rejection of their claim by the 2nd Respondent (Insolvency Resolution Professional), to include the Applicant as a stakeholder in the finalized list of creditors, and to direct payment of Rs. 32,72,553/- on first priority from the liquidation assets of the Respondents. The applicant's claim pertains to defaulted payments of contribution and administrative charges under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. The Corporate Debtor, Foodco Delicacies India Private Limited, is undergoing CIRP, initiated on 24.03.2022. The EPF department lodged a claim

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## Facts

Foodco Delicacies India Private Limited is a corporate debtor undergoing Corporate Insolvency Resolution Process (CIRP). The Regional Provident Fund Commissioner (Applicant) filed a claim against Foodco for defaulted payments under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. The CIRP was initiated on 24.03.2022. The Applicant submitted an interim claim of Rs. 16,32,134 on 18.04.2022, which was admitted by the Insolvency Resolution Professional (2nd Respondent) on 16.06.2022. The Applicant also claimed an additional amount, bringing the total claim to Rs. 32,72,553. The 2nd Respondent rejected the additional claim. Prior to the CIRP, the Applicant issued summons and assessed dues against the Corporate Debtor. The Applicant initiated proceedings

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## Issues and analysis

### Issue 1: Whether the proceeding initiated against the Respondents during the Moratorium period and order …

**Ratio:** Section 14 of the Insolvency and Bankruptcy Code, 2016 imposes a moratorium on the

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**Reasoning:** The court reasoned that the applicant initiated proceedings under Section 14B of the EPF

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**Interpretation:** Section 14 of the IBC is interpreted to provide a comprehensive bar on any

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**Application:** In this case, the applicant initiated proceedings under Section 14B of the EPF

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## Parties

- **Judges:** P. Moha…; Satya Ranjan…
- **Appellants:** Regional Provident…
- **Respondents:** Foodco Delicacies…; M/s. Foodco…
- **Advocates:** John Ma…; Sankar. P.…

## Timeline

- **1952-01-01 — Employees Provident Fund and Miscellaneous…**: The Corporate Debtor is covered under the Employees Provident Fund and Miscellaneous…
- **2022-03-24 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP)…

## 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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