# In the matter of Shreem Spa & Resorts Private Limited

> NCLT judgment dated 2023-11-24. Citation: TCN-2023-NCLT-00571. 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-00571
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/shreem-spa-resorts-private-limited-a76fb25b

## 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 the liquidator to prioritize ESI contribution dues, and condoning the delay in lodging the claim. The corporate debtor was brought under CIRP based on an application filed under Section 7 of IBC and was taken to liquidation. The liquidator received a claim from the applicant under Section 45A 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 taken to liquidation on 2021-03-03. The applicant's claim was based on unpaid ESI contributions from December 2015 to July 2020. The applicant initially submitted the claim in Form B, which was incorrect, and later submitted it in Form C after a delay of 8 months. The liquidator rejected the claim due to the delay and the fact that the corporate debtor had no employees since 2016. The applicant argued that ESI contributions should be treated similarly to EPF dues, which have priority under IBC, citing Section 94 of the ESI Act. The

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## Issues and analysis

### Issue 1: Whether the delay in lodging the claim …

**Ratio:** Delay cannot be condoned

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**Reasoning:** The applicant did not provide a satisfactory reason for the delay in filing the claim,

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**Interpretation:** The Tribunal interpreted that condonation of delay requires a valid and

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**Application:** The applicant's failure to provide a satisfactory explanation for the delay led

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## Parties

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

## Timeline

- **2015-12-01 — Period of Pendi…**: Pending claims of the corporate debtor…
- **2019-09-23 — CIRP Admi…**: The Corporate Debtor was brought under CIRP based on an application filed under Sec 7 of…

## 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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