# In the matter of Petron Engineering Construction Limited IA 1696 and IA 1085 of 2020 in CP (IB) 1374-MB-C-II-2017

> NCLT judgment dated 2022-07-15. Citation: TCN-2022-NCLT-01710. The case involves applications (IA 1696 and IA 1085 of 2020) filed by the Liquidator of Petron…

- **Court:** NCLT
- **Order date:** 15 Jul 2022
- **Citation:** TCN-2022-NCLT-01710
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/petron-engineering-construction-limited-ia-1696-and-ia-1085-of-2020-in-cp-ib-137-fa05efff

## Summary

### Background

The case involves applications (IA 1696 and IA 1085 of 2020) filed by the Liquidator of Petron Engineering Construction Limited, the Corporate Debtor, challenging the legality of orders passed by the Regional PF Commissioner (Respondent) under the EPF & MP Act. These orders demanded payments towards provident fund dues, interest, damages, and penalties. The Corporate Insolvency Resolution Process (CIRP) had been initiated against the Corporate Debtor, and a moratorium was imposed. The Liquidator argues that the Respondent issued the orders and recovery notices despite being aware of the moratorium and during the liquidation period, violating the provisions of the Insolvency and Bankruptcy Code (IBC).

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Petron Engineering Construction Limited (Corporate Debtor) on 2018-03-23, and a moratorium was imposed under Section 14 of the Insolvency and Bankruptcy Code (IBC). The Corporate Debtor informed the Regional PF Commissioner (Respondent) about the CIRP and the moratorium. Despite this, the Respondent issued summons on 2018-10-04 under Section 7A of the EPF & MP Act, 1952, for conducting an inquiry on outstanding Provident Fund dues. The Corporate Debtor requested the Commissioner to keep the proceedings in abeyance, as the CIRP was in operation. This request was reiterated on 2019-12-16. The Adjudicating Authority ordered the Liquidation of the Corporate Debtor on 2020-01-23, and the Applicant

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## Issues and analysis

### Issue 1: Whether the Orders and Notices issued by the Respondent are in breach of the moratorium imposed by …

**Ratio:** Section 14 of the IBC imposes a moratorium on the institution or continuation of

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**Reasoning:** The court reasoned that the proceedings initiated by the Respondent under Section 7A of

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**Interpretation:** Section 14(1)(a) refers to monetary liabilities of the corporate debtor,

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**Application:** The Respondent initiated proceedings and issued orders demanding payments from

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## Parties

- **Judges:** P.N. Deshmukh…; Shyam Babu…
- **Appellants:** Vineet K Ch…
- **Respondents:** Petron Engineering…; The Regional PF…

## Timeline

- **2018-03-23 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) initiated against Petron Engineering…
- **2018-03-23 — Moratorium…**: A moratorium was imposed under Section 14 of…

## 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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