The Employees Provident Fund Organisation (EPFO) filed an interlocutory application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking directions for the Liquidator of STL Exports Pvt. Ltd. to admit and accept the statutory claim of provident fund dues amounting to Rs. 44,10,204/-. The EPFO claimed that the PF dues constitute a statutory first charge over the assets of the Corporate Debtor and should be excluded from the liquidation estate.
The Employees Provident Fund Organisation (EPFO) filed an application seeking the admission of their claim for provident fund dues against STL Exports Pvt. Ltd., which is under liquidation.
The liquidation order for STL Exports Pvt. Ltd. was passed on 11.08.2023.
The EPFO filed its claim with the Liquidator on 14.11.2024, which was after the last date for submission of claims.
The assessment orders for the PF dues were passed on 04.11.2024, 13.11.2024 and 14.11.2024, all subsequent to the commencement of the liquidation proceedings.
The Liquidator rejected the EPFO's claim on the grounds that it was filed belatedly and that the assessment orders were passed after the commencement of liquidation.
…Sign in to view the parties.
Pronouncement…
Interlocutory Application filed on 05.05.2025,…
The Employees Provident Fund Organisation (EPFO) filed an interlocutory application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking directions for the Liquidator of STL Exports Pvt. Ltd. to admit and accept the statutory claim of provident fund dues amounting to Rs. 44,10,204/-. The EPFO claimed that the PF dues constitute a statutory first charge over the assets of the Corporate Debtor and should be excluded from the liquidation estate.
The Employees Provident Fund Organisation (EPFO) filed an application seeking the admission of their claim for provident fund dues against STL Exports Pvt. Ltd., which is under liquidation.
The liquidation order for STL Exports Pvt. Ltd. was passed on 11.08.2023.
The EPFO filed its claim with the Liquidator on 14.11.2024, which was after the last date for submission of claims.
The assessment orders for the PF dues were passed on 04.11.2024, 13.11.2024 and 14.11.2024, all subsequent to the commencement of the liquidation proceedings.
The Liquidator rejected the EPFO's claim on the grounds that it was filed belatedly and that the assessment orders were passed after the commencement of liquidation.
…Pronouncement…
Interlocutory Application filed on 05.05.2025,…