# In the matter of Premshre Prime Properties Pvt. Ltd.

> NCLT judgment dated 2023-11-23. Citation: TCN-2023-NCLT-00595. The Resolution Professional (RP) filed an application under Section 60(5) of the Insolvency and…

- **Court:** NCLT
- **Order date:** 23 Nov 2023
- **Citation:** TCN-2023-NCLT-00595
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/premshre-prime-properties-pvt-ltd-704b908e

## Summary

### Background

The Resolution Professional (RP) filed an application under Section 60(5) of the Insolvency and Bankruptcy Code (IBC), 2016, read with Rule 11 of the NCLT Rules, 2016, seeking to set aside orders dated 25.09.2023. These orders were issued by the Regional Provident Fund Commissioner-II, Indore, under Sections 7-A, 14B, and 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act (EPF & MP Act), demanding payment of certain dues against the Corporate Debtor. The RP argued that the Corporate Debtor is under Corporate Insolvency Resolution Process (CIRP) and a moratorium is in place under Section 14 of the IBC, 2016.

## Facts

The Resolution Professional (RP) filed an application IA/346(MP)2023 under Section 60(5) of the IBC, 2016, read with Rule 11 of the NCLT Rules, 2016, to set aside orders dated 25.09.2023 issued by the Regional Provident Fund Commissioner-II, Indore. These orders demanded payment of dues under Sections 7-A, 14B, and 7Q of the EPF & MP Act against the Corporate Debtor. The RP argued that the Corporate Debtor is under CIRP, with a moratorium under Section 14 of the IBC, 2016. The RP had informed the Regional Provident Fund Commissioner-II Office, Indore, to file their claims, but they proceeded to pass an order for payment of dues. The court found the application not maintainable, stating that the RP should approach the appropriate forum to set aside the orders. The

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## Issues and analysis

### Issue 1: Whether the application filed by the RP under Section 60(5) of the IBC, 2016, read with Rule 11 of …

**Ratio:** The court held that the

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**Reasoning:** The court reasoned that for setting aside the orders, the RP can approach the appropriate

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**Interpretation:** The court interpreted that the RP should seek relief from the appropriate forum

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**Application:** The court applied this reasoning to the specific facts, stating that the RP's

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## Parties

- **Judges:** P. Moha…; KAUSHALENDRA…
- **Appellants:** Kalyan Toll…
- **Respondents:** M/s Premshree…

## Timeline

- **2023-09-25 — Orders P…**: The Regional Provident Fund Commissioner-II, Indore, passed orders under Sections 7-A,…
- **2023-11-23 — Order Del…**: The NCLT delivered an order dismissing IA/346(MP)2023 as not maintainable, granting the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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