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The NCLAT upheld the adjudicating authority's directive requiring the appellant secured creditor, who realized its security interest outside the liquidation estate under the SARFAESI Act, to deposit proportionate workmen's dues with the liquidator in accordance with Section 13(9) of the SARFAESI Act and Section 326 of the Companies Act, 2013. The secured creditor cannot evade this statutory obligation despite opting out of the liquidation process. However, the tribunal reversed the direction to contribute towards liquidation costs under Section 52(8) of the IBC, clarifying that such costs fall outside the scope of insolvency resolution process costs defined in Section 5(13). Consequently, the appeal was allowed in part, affirming the liability for workmen's dues but negating the requirement to pay liquidation costs from the amount realized.
The NCLAT upheld the adjudicating authority's directive requiring the appellant secured creditor, who realized its security interest outside the liquidation estate under the SARFAESI Act, to deposit proportionate workmen's dues with the liquidator in accordance with Section 13(9) of the SARFAESI Act and Section 326 of the Companies Act, 2013. The secured creditor cannot evade this statutory obligation despite opting out of the liquidation process. However, the tribunal reversed the direction to contribute towards liquidation costs under Section 52(8) of the IBC, clarifying that such costs fall outside the scope of insolvency resolution process costs defined in Section 5(13). Consequently, the appeal was allowed in part, affirming the liability for workmen's dues but negating the requirement to pay liquidation costs from the amount realized.
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