# In the matter of Furnace Fabrica (India) Limited

> NCLT judgment dated 2025-07-15. Citation: TCN-2025-NCLT-00792. The Regional Provident Fund Commissioner-II filed an application under Section 60(5) of the…

- **Court:** NCLT
- **Order date:** 15 Jul 2025
- **Citation:** TCN-2025-NCLT-00792
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kochi/furnace-fabrica-india-limited-d320ec50

## Summary

### Background

The Regional Provident Fund Commissioner-II filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking priority for their claim of Rs. 29,68,97,991/- related to EPF & MP Act, 1952 dues from Furnace Fabrica (India) Limited, which is undergoing Corporate Insolvency Resolution Process (CIRP). The applicant contended that EPF dues are statutory dues and should be prioritized over other debts.

## Facts

The Regional Provident Fund Commissioner-II filed a claim of Rs. 29,68,97,991/- with the Resolution Professional (RP) of Furnace Fabrica (India) Limited.

The claim included dues under Section 14B and 7Q of the EPF & MP Act, 1952, and was filed belatedly on 15.02.2024.

The RP requested the applicant to file a revised claim, citing an improper form and reliance on a report with incomplete/unverified data.

The applicant argued that EPF dues are not debts but third-party assets and should be prioritized.

The RP considered the applicant as an operational creditor and requested a revised claim in Form B.

The Corporate Debtor was admitted into Corporate Insolvency Resolution Process (CIRP) on 01.11.2023.

…

## Issues and analysis

### Issue 1: Whether the claim of the Regional Provident Fund Commissioner-II can be admitted given that it was …

**Ratio:** The claim was filed after

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**Reasoning:** The Tribunal noted that the claim was filed after the last date of submission of claims

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**Interpretation:** Claims filed after the prescribed

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**Application:** The Tribunal held that the claim made by EPFO being belated cannot be

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## Parties

- **Judges:** Shri. Vina…; Madhu S…
- **Appellants:** Regional Provident…
- **Respondents:** Furnace Fabrica…; Alok Kumar…
- **Advocates:** John Ma…; Pulkitesh Dutt…

## Timeline

- **2023-11-01 — Application under…**: Application under Section 7 of IBC, 2016 was allowed and Corporate Debtor was admitted…
- **2023-11-03 — Public Annou…**: RP made public announcement under Form A,…

## 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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