# In the matter of Vikas WSP Limited IA Nos.1431-2022 in CP (IB) No.315-Chd-Hry-2019

> NCLT judgment dated 2023-01-23. Citation: TCN-2023-NCLT-04945. The Employees' Provident Fund Organisation (EPFO) filed an application seeking direction…

- **Court:** NCLT
- **Order date:** 23 Jan 2023
- **Citation:** TCN-2023-NCLT-04945
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vikas-wsp-limited-ia-nos1431-2022-in-cp-ib-no315-chd-hry-2019-68b89394

## Summary

### Background

The Employees' Provident Fund Organisation (EPFO) filed an application seeking direction against the corporate debtor, Vikas WSP Limited, to implement orders dated 13.01.2022 and 19.01.2022 passed under Section 7A of the EPF and MP Act, 1952, as well as orders dated 30.11.2021 and 13.09.2021 passed under Section 14B and Section 7Q of the same act. The EPFO also sought implementation of a letter dated 11.02.2022 regarding damages leviable under Section 14B and interest chargeable under Section 7(2) of the EPF Act, 1952, in view of Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code, 2016. The corporate debtor's operations have been closed since September 2020, and workers were laid off on 29.01.2021.

## Facts

The Employees' Provident Fund Organisation (EPFO) filed an application against Vikas WSP Limited, the corporate debtor, seeking implementation of orders and letters related to EPF dues, damages, and interest. The EPFO claimed a total amount of Rs. 9,28,86,993/-, including demands arising out of proceedings under the EPF and MP Act, 1952. The dues pertain to the period 09/2015 to 03/2018, 04/2018 to 07/2018, 04/2019 to 09/2021 & 05/2017 to 03/2019. The corporate debtor's operations have been closed since September 2020, and workers were laid off on 29.01.2021. The respondent admitted a claim of Rs. 5,01,92,604/- but contested the remaining amount of Rs. 4,26,94,389/-, claiming it was contingent and subject to a moratorium. The Resolution Plan of the Successful

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## Issues and analysis

### Issue 1: Whether the amount of Rs. 9,28,86,993/-, including the demands arising out of proceedings under the …

**Ratio:** Section 17B of the Employees Provident Funds and Miscellaneous Act, 1952, stipulates that

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**Reasoning:** The court reasoned that since the Resolution Plan has been approved by the CoC and is

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**Interpretation:** The court interpreted Section 17B of the EPF and MP Act, 1952, to mean that the

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**Application:** The court applied the ratio and reasoning to the specific facts of the case,

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Bank of…
- **Respondents:** Vikas WSP L…; M/s. Vikas WSP…

## Timeline

- **2015-09-01 — Period of E…**: Start of the period for which EPF dues…
- **2018-04-01 — Period of E…**: Start of the period for which EPF dues…

## 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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