Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether assessment proceedings under the EPF law could be continued during the moratorium under the Insolvency and Bankruptcy Code, and whether a demand founded on such proceedings could be enforced after approval of the resolution plan.
Analysis: Section 14(1)(a) of the Insolvency and Bankruptcy Code bars institution or continuation of proceedings against the corporate debtor during moratorium, and the expression "proceedings" is wide enough to include proceedings before statutory authorities. Where assessment proceedings are initiated or continued during the moratorium, no claim based on such assessment can be pressed in the corporate insolvency resolution process. Once a resolution plan is approved under Section 31(1), claims not forming part of the approved plan stand extinguished and cannot be revived through post-plan notices or summons. The EPFO demands in question were founded on assessment and consequential steps taken during the moratorium period, and no such claim was filed in the insolvency process.
Conclusion: The post-moratorium demands based on assessment proceedings undertaken during the moratorium were unenforceable, and the challenge to such demands succeeded.
Ratio Decidendi: Proceedings by statutory authorities that fasten pecuniary liability on a corporate debtor are hit by the Section 14 moratorium, and no claim founded on such barred assessment can be enforced after approval of the resolution plan if it did not form part of the approved plan.