# In the matter of Kimaya Industries Pvt. Ltd.

> NCLT judgment dated 2025-01-10. Citation: TCN-2025-NCLT-00637. The Regional Provident Fund Commissioner-II (Legal) filed an application under Section 60(5) of…

- **Court:** NCLT
- **Order date:** 10 Jan 2025
- **Citation:** TCN-2025-NCLT-00637
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kimaya-industries-pvt-ltd-abf1db64

## Summary

### Background

The Regional Provident Fund Commissioner-II (Legal) filed an application under Section 60(5) of the IBC, 2016, aggrieved by the Resolution Professional's rejection of their claim for Provident Fund dues of the workmen and employees of Kimaya Industries Private Limited. The applicant claimed Rs. 1,98,74,168/- towards assessed payable contributions, damages, and interest for default periods. The Corporate Debtor, Kimaya Industries Private Limited, had defaulted in remitting the contribution towards the Provident Fund. Corporate insolvency resolution proceedings were initiated against the corporate debtor on 03/02/2023. The applicant concluded inquiry proceedings and assessed payable contributions, damages, and interest before making a claim, which was rejected by the

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## Facts

The Regional Provident Fund Commissioner-II (Legal) filed an application against the Resolution Professional of Kimaya Industries Private Limited, seeking the admission of Provident Fund dues. Kimaya Industries Private Limited defaulted in remitting contributions towards the Provident Fund. Corporate insolvency resolution proceedings were initiated against Kimaya Industries Private Limited on 03/02/2023. The applicant claimed Rs. 1,98,74,168/- towards assessed payable contributions, damages, and interest for default periods from 01/01/2017 to 31/03/2023. The applicant concluded inquiry proceedings and assessed payable contributions, damages, and interest before making a claim, which was rejected by the Respondent on 22/07/2024. The applicant's claim was filed after the

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## Issues and analysis

### Issue 1: Whether the applicant's claim for Provident Fund dues can be admitted, considering it was filed …

**Ratio:** Section 14(1) of the IBC 2016 imposes a moratorium on the initiation or continuation of

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**Reasoning:** The court reasoned that the applicant's claim was adjudicated during the CIRP period,

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**Interpretation:** The interpretation is that any claim adjudicated during the moratorium period

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**Application:** The applicant's claim was rejected because it was filed after the initiation of

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** The Regional…
- **Respondents:** Kimaya Industries…; CA Rajendra Jain…

## Timeline

- **2023-02-03 — Initiation…**: Corporate insolvency resolution proceedings were initiated against the corporate debtor…
- **2023-02-13 — Communication of…**: The Respondent intimated about the initiation of the Resolution process, vide…

## 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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