# In the matter of Hindustan Paper Corporation Limited Company Appeal No. 36-ND-2022 in Company Petition No. (IB) - 418(ND)-2018

> NCLT judgment dated 2023-05-29. Citation: TCN-2023-NCLT-03147. The Regional Provident Fund Commissioner (Appellant) filed an appeal under Section 42 of the…

- **Court:** NCLT
- **Order date:** 29 May 2023
- **Citation:** TCN-2023-NCLT-03147
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hindustan-paper-corporation-limited-company-appeal-no-36-nd-2022-in-company-peti-fac5490c

## Summary

### Background

The Regional Provident Fund Commissioner (Appellant) filed an appeal under Section 42 of the Insolvency and Bankruptcy Code, 2016 (IBC) challenging the partial rejection of its claim by the Liquidator of the Corporate Debtor, Hindustan Paper Corporation Limited (Respondent). The Appellant sought the allowance of the appeal, setting aside letters dated 12.05.2022 and 24.05.2022 issued by the Respondent Liquidator rejecting the claim for PF dues beyond Rs. 120.77 Crores, and directing the Respondent Liquidator to accept the entire claim of Rs. 386.48 Crores for the PF dues of the Corporate Debtor as detailed in its letter dated 31.01.2022. The Corporate Debtor was admitted to Corporate Insolvency Resolution Process, and a moratorium was declared on 13.06.2018.

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## Facts

The Regional Provident Fund Commissioner (Appellant) filed an appeal against the partial rejection of its claim by the Liquidator of Hindustan Paper Corporation Limited (Corporate Debtor/Respondent). The Corporate Debtor was admitted into Corporate Insolvency Resolution Process (CIRP) with a moratorium declared on 13.06.2018. Subsequently, the Corporate Debtor was ordered to be liquidated, and Shri Kuldeep Verma was appointed as the Liquidator on 02.05.2019. The Appellant submitted claims for PF dues in three phases, totaling Rs. 386.48 Crores. The Liquidator partially admitted the claim for Rs. 120.77 Crores, leading to the appeal. The Appellant argued that EPF payments should have priority over other dues under Section 11 of the EPF & MP Act, 1952. The Respondent

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## Issues and analysis

### Issue 1: Whether the appeal filed by the Regional Provident Fund Commissioner is maintainable considering …

**Ratio:** The court has the discretion to condone the delay in filing an appeal, especially when

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**Reasoning:** The court noted that the delay was due to administrative processes and that the appellant

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**Interpretation:** The court interpreted the principles of condonation of delay liberally,

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**Application:** The court applied the principle of liberal interpretation of condonation of

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## Parties

- **Judges:** SH. ASHOK KUMAR…; SH. L. N.…
- **Appellants:** Regional Provident…
- **Respondents:** Hindustan Paper…; Sh. Kuldeep…
- **Advocates:** Vivek S…; Ayush B…; +5 more

## Timeline

- **2018-06-13 — CIRP Admission and…**: Corporate Debtor admitted to Corporate Insolvency Resolution Process and moratorium…
- **2019-05-02 — Liquidation Order and…**: Corporate Debtor ordered to be liquidated, and Shri Kuldeep Verma appointed as the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 42 — Appeal against the decision of liquidator](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-42)

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