The Employees Provident Fund Organisation, Kolhapur, filed a Company Appeal No. 14 of 2022 under Section 42 of the Insolvency and Bankruptcy Code, 2016, seeking directions against the Liquidator of Shiv Mfg. Pipes Pvt. Ltd. The applicant sought the acceptance of their entire PF claim, categorizing PF interest and damages along with PF contributions as outside the liquidation estate under Section 36(4)(a)(iii) of the IBC. The applicant also sought condonation of delay in filing the claim before the Liquidator and in filing the present appeal.
The Employees Provident Fund Organisation (EPFO), Kolhapur, filed a claim against Shiv Mfg. Pipes Pvt. Ltd., which was undergoing liquidation. The EPFO's claim included PF contributions, interest, and damages, totaling Rs. 26,56,814. The claim was filed with a delay of 24 days after the public announcement for submission of claims. The Liquidator rejected the claim, categorizing PF contributions as excluded from the liquidation estate under Section 36(4)(a)(iii) of the IBC and treating penal damages and interest as government dues under Section 53 of the IBC. The EPFO argued that the delay should be condoned and that the entire claim should be accepted as outside the liquidation estate, relying on Supreme Court judgments that protect employees' dues. The Corporate
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The Employees Provident Fund Organisation, Kolhapur, filed a Company Appeal No. 14 of 2022 under Section 42 of the Insolvency and Bankruptcy Code, 2016, seeking directions against the Liquidator of Shiv Mfg. Pipes Pvt. Ltd. The applicant sought the acceptance of their entire PF claim, categorizing PF interest and damages along with PF contributions as outside the liquidation estate under Section 36(4)(a)(iii) of the IBC. The applicant also sought condonation of delay in filing the claim before the Liquidator and in filing the present appeal.
The Employees Provident Fund Organisation (EPFO), Kolhapur, filed a claim against Shiv Mfg. Pipes Pvt. Ltd., which was undergoing liquidation. The EPFO's claim included PF contributions, interest, and damages, totaling Rs. 26,56,814. The claim was filed with a delay of 24 days after the public announcement for submission of claims. The Liquidator rejected the claim, categorizing PF contributions as excluded from the liquidation estate under Section 36(4)(a)(iii) of the IBC and treating penal damages and interest as government dues under Section 53 of the IBC. The EPFO argued that the delay should be condoned and that the entire claim should be accepted as outside the liquidation estate, relying on Supreme Court judgments that protect employees' dues. The Corporate
…CIRP of Corporate…
Form-A was stated to…