# In the matter of Shreem Spa & Resorts Private Limited

> NCLT judgment dated 2023-11-24. Citation: TCN-2023-NCLT-00579. The Regional Director, ESIC, Ahmedabad, filed an application under Rule 11 of NCLT Rules, 2016,…

- **Court:** NCLT
- **Order date:** 24 Nov 2023
- **Citation:** TCN-2023-NCLT-00579
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/shreem-spa-resorts-private-limited-3fa2021d

## Summary

### Background

The Regional Director, ESIC, Ahmedabad, filed an application under Rule 11 of NCLT Rules, 2016, against the liquidator of M/s Shreem Spa & Resorts Ltd., Gandhinagar, seeking settlement of a claim due to the ESI Fund. The applicant sought orders restraining the liquidator from including the ESI Fund in the liquidation estate, directing priority of dues of ESI contribution, condoning the delay in lodging the claim, and directing the liquidator to accept the claim of the Applicant ESI Corporation. The corporate debtor was brought under CIRP based on an application filed under Sec 7 of IBC and was taken to liquidation. The liquidator received a claim from the applicant under Sec45A of ESI Act.

## Facts

The Regional Director, ESIC, Ahmedabad, filed an application against the liquidator of M/s Shreem Spa & Resorts Ltd. for settling a claim of Rs. 71,000/- due to the ESI Fund. The corporate debtor was admitted into CIRP on 2019-09-23 and subsequently taken into liquidation on 2021-03-03. The applicant submitted a claim in Form B, later revised to Form C, for pending claims from December 2015 to July 2020. The liquidator argued that the claim was filed late, in the wrong format, and that the corporate debtor had not been functioning since 2016. The applicant argued for priority of ESI contributions, citing Section 94 of the ESI Act and analogous treatment to EPF Act dues. The liquidator contended that Section 238 of the IBC overrides other enactments and that Section

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## Issues and analysis

### Issue 1: Whether the ESI Fund should be included in the …

**Ratio:** Section 36(4) of the IBC specifies what is not to be included in the liquidation estate,

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**Reasoning:** The court reasons that Section 36(4) specifically mentions provident fund, pension fund,

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**Interpretation:** The interpretation of Section 36(4) is strict and limited to the explicitly

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**Application:** Given that ESIC provides sickness benefits, Bima Yojna, accidental benefits,

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Regional Director,…
- **Respondents:** Shreem Spa &…; George Samuel…
- **Advocates:** Sachin Va…

## Timeline

- **2019-09-23 — CIRP Admi…**: The Corporate Debtor was brought under CIRP based on an application filed under Sec 7 of…
- **2021-03-03 — Liquidation Com…**: The Corporate Debtor was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 36 — Liquidation estate](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-36)

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