# In the matter of Gupta Dyeing and Printing Mills Pvt. Ltd.

> NCLT judgment dated 2023-11-28. Citation: TCN-2023-NCLT-00554. The case involves an application filed by the Regional Director, ESIC, Ahmedabad, against the…

- **Court:** NCLT
- **Order date:** 28 Nov 2023
- **Citation:** TCN-2023-NCLT-00554
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gupta-dyeing-and-printing-mills-pvt-ltd-756b88f2

## Summary

### Background

The case involves an application filed by the Regional Director, ESIC, Ahmedabad, against the Liquidator of Gupta Dyeing & Printing Mills Pvt Ltd, seeking settlement of claims due to the ESIC Fund. The applicant requested orders restraining the liquidator from including the ESI contribution in the liquidation estate and to give priority of dues of ESI corporation and give pari passu charge with secured creditors on assets for the dues payable amounting to Rs.1,21,49,393/-. The Corporate Debtor was brought under CIRP based on an application filed under Section 9 of IBC on 06.02.2019 and was taken to liquidation on 19.12.2019. The Liquidator has also filed an application for dissolution of the company on 21.06.2022 which is pending before this Tribunal.

## Facts

The Regional Director, ESIC, Ahmedabad, filed an application against the Liquidator of Gupta Dyeing & Printing Mills Pvt Ltd, seeking settlement of ESIC Fund claims amounting to Rs.1,21,49,393/-. The Corporate Debtor was admitted into CIRP on 06.02.2019 and subsequently liquidated on 19.12.2019. The applicant contended that the Corporate Debtor, as a registered Principal Employer under Section 40 of the ESI Act, failed to deposit ESI contributions deducted from labor charges between April 2011 and March 2014, totaling Rs.61,23,945/-, leading to recovery proceedings under the ESI Act. The applicant argued for priority of ESIC dues under Section 94 of the ESI Act, citing Supreme Court precedents and NCLAT decisions favoring EPF dues. The respondent argued that ESIC

…

## Issues and analysis

### Issue 1: Whether the ESI contribution should be included in the liquidation estate and given priority over …

**Ratio:** Section 53 of the IBC governs the distribution of assets in liquidation, and Section 238

…

**Reasoning:** The Tribunal considered the arguments that Section 94 of the ESI Act grants priority to

…

**Interpretation:** The interpretation of Section 238 of the IBC establishes its supremacy over

…

**Application:** The Tribunal applied the ratio of IBC's overriding effect to the facts,

…

## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Regional Director,…
- **Respondents:** Gupta Dyeing and…; Manish Kumar…

## Timeline

- **2019-02-06 — CIRP Appli…**: Corporate Debtor brought under CIRP based on an…
- **2019-12-19 — Liquidation…**: Corporate Debtor taken…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 36 — Liquidation estate](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-36)

---

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/gupta-dyeing-and-printing-mills-pvt-ltd-756b88f2