Regional P.F. Commissioner Vs Alok Kailash Saksena Liquidator of Gujarat Foils Ltd. & Anr (NCLAT Delhi)
NCLAT Delhi held that claim under Section 7Q and Section 14B of the EPF Act by EPFO subsequent to liquidation commencement date is not acceptable. Accordingly, appeal dismissed.
Facts- CIRP of the Corporate Debtor- M/s. Gujarat Foils Limited commenced by the order dated 30.11.2017. Adjudicating Authority vide order dated 16.09.2019 directed for liquidation of the Corporate Debtor. The Appellant concluded the inquiry u/s. 7A of the EPF Act, 1952 on 11.10.2021 determining the Provident Fund dues to the extent of Rs.1,68,76,185/-. On 25.10.2021, Appellant submitted claim in Form-G before the liquidator in total amount of Rs.4,57,13,010/- which included damages and interest under Section 14B and 7Q of the EPF Act. Liquidator vide letter dated 20.11.2021 did not accept the claim principally on the ground of violation of Moratorium. On instructions of the Liquidator, the Corporate Debtor has challenged the order dated 11.10.2021 passed u/s. 7A of the EPF Act before CGIT Ahmedabad in appeal bearing EPF Appeal (CGIT) No.36 of 2021. The property of the Corporate Debtor was sold as a going concern and management of the Corporate Debtor was handed over on 11.01.2022 to Respondent No.2.
