# In the matter of Rajpal Autolink Pvt. Ltd.

> NCLT judgment dated 2025-11-13. Citation: TCN-2025-NCLT-01741. The Employees' Provident Fund Organization (EPFO) filed an Interlocutory Application (IA) under…

- **Court:** NCLT
- **Order date:** 13 Nov 2025
- **Citation:** TCN-2025-NCLT-01741
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-indore/rajpal-autolink-pvt-ltd-a1f97e96

## Summary

### Background

The Employees' Provident Fund Organization (EPFO) filed an Interlocutory Application (IA) under Section 60(5) of the Insolvency and Bankruptcy Code (IBC), 2016, seeking directions to allow its claim of Rs. 46,873/- with interest, recognizing it as a first charge over the assets of Rajpal Autolink Pvt. Ltd. The EPFO's claim pertains to provident fund dues.

## Facts

The Employees' Provident Fund Organization (EPFO) filed an IA seeking to recognize its claim for Rs. 46,873/- as a first charge over the assets of Rajpal Autolink Pvt. Ltd.

Rajpal Autolink Pvt. Ltd. is undergoing liquidation, with Chaya Gupta as the Liquidator.

The EPFO's claim was filed on 26.02.2024, with reminders, for provident fund dues.

The Liquidator disputed the claim, citing the primacy of the IBC and the late filing of the claim.

The liquidation order for Rajpal Autolink Pvt. Ltd. was passed on 23.04.2021 by the NCLT Ahmadabad Bench.

The assessment orders for the EPF dues were passed on 22.12.2023, 15.01.2024, and 19.02.2024, after the liquidation commencement date.

The dissolution application filed by the Liquidator was dismissed as premature.

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## Issues and analysis

### Issue 1: Whether the claim for dues in the present application has been filed within the prescribed …

**Ratio:** The claim was not filed within the prescribed timelines as mandated under the provisions

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**Reasoning:** The liquidation order was passed on 23.04.2021. The claim was submitted before the

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**Interpretation:** The court interpreted that the claim was submitted after the prescribed

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**Application:** The court applied the provisions of the Insolvency and Bankruptcy Code, 2016

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## Parties

- **Judges:** Brajendra Mani…; Man Mohan…
- **Appellants:** Employees'…; Employees'…
- **Respondents:** Rajpal Autolink…; Chaya Gupta,…
- **Other parties:** Chaya G…
- **Advocates:** Darshana…

## Timeline

- **2021-04-23 — Liquidation…**: NCLT Ahmadabad Bench passed the…
- **2023-12-22 — Order under Se…**: Order passed under Section 7A of EPF & MP Act,…

## 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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