# In the matter of Unijules life science Limited

> NCLT judgment dated 2023-08-04. Citation: TCN-2023-NCLT-02172. The Regional Provident Fund Commissioner II filed an application intervening in a petition…

- **Court:** NCLT
- **Order date:** 4 Aug 2023
- **Citation:** TCN-2023-NCLT-02172
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unijules-life-science-limited-a6b67316

## Summary

### Background

The Regional Provident Fund Commissioner II filed an application intervening in a petition regarding arrears pending against Unijules life science Limited., the Corporate Debtor. The applicant filed a claim under Form-G dated 2021-12-02 for recovery of Provident Fund dues with damages. The Corporate Debtor allegedly defaulted on Provident Fund, Family pension fund and Insurance Fund dues. The Applicant issued notices and initiated proceedings under section 7A of the EPF & MP Act 1952. The Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor was admitted by the Tribunal on 2019-03-08. The Applicant filed their claim on 2021-12-02, after the resolution plan had been approved by the COC.

## Facts

The Regional Provident Fund Commissioner II filed a claim for Provident Fund dues against Unijules life science Limited., the Corporate Debtor, after the CIRP had commenced. The claim was filed on 2021-12-02, well beyond the stipulated time for filing claims, which was 2019-03-22, and even after the resolution plan had been approved by the COC. The Corporate Debtor had allegedly defaulted on Provident Fund, Family pension fund and Insurance Fund dues. The Applicant had issued notices and initiated proceedings under section 7A of the EPF & MP Act 1952. The Resolution Professional argued that the applicant was aware of the CIRP but failed to file the claim within the specified period. The applicant had also received excess amounts in the past, which should have been

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## Issues and analysis

### Issue 1: Whether the application filed by the Regional Provident Fund Commissioner II for intervention in …

**Ratio:** Regulation 12(2) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution

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**Reasoning:** The NCLT reasoned that the claim was filed at a much belated stage, outside the purview

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**Interpretation:** The regulation sets a deadline for creditors to file their claims during the

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**Application:** The Applicant filed their claim on 2021-12-02, which was way beyond the

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## Parties

- **Judges:** H.V. Subb…; Shyam Babu…
- **Appellants:** Regional Provident…
- **Respondents:** Unijules Life…

## Timeline

- **2018-01-01 — CP (IB) 3080/MB…**: Company Petiti…
- **2019-03-08 — CIRP Admi…**: Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor admitted by the…

## 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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