Employee’s provident Fund Organisation Vs CA Shirley Mathew (NCLT Bengaluru)
NCLT Bengaluru held that claims filed at a belated stage after approval of resolution plan by the Committee of Creditors (CoC) cannot be allowed. Thus, resolution professional rightly rejected such belated claims.
Facts- The instant Application is filed by Employee’s provident Fund Organisation (‘Applicant’), on 13.12.2023 u/s. 60(5) of the Insolvency and Bankruptcy Code, 2016 inter alia seeking to condone the delay of 370 days i.e., from 06.07.2022 to 10.07.2023 in filing of claims of Provident Fund dues of the CD before RP as the Corporate Debtor before RP, is equally responsible for non-production of records resulting in inordinate delay in formulation of dues which was also intimated to the RP. Further, it is requested to issue appropriate direction to RP to consider the claim of EPFO u/s. 36(4)(a)(iii) and to release the statutory PF dues on priority towards the payment of the debts as per the provisions of section 11 of EPF & MP Act, 1952.
It is submitted that on 10.07.2023 the applicant informed the RP and made demand for payment of statutory dues pertinent to workmen of the establishment amounting to Rs. 3,84,08,033/-. However, now dues up to March 2022 was shown as the CIRP was admitted on 07.04.2022. Vide email dated 25.08.2023 the RP rejected the claim on the ground that claim is not filed in prescribed form against the CD within 90 days from the imitation of CIRP. That after receipt of the above email the applicant organization took a view to approach this Hon’ble Tribunal.
