2021 (3) TMI 109

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....Bankruptcy Code 2016 [hereinafter referred to as 'I&B Code,2016'] seeking the following relief: To issue appropriate directions for dealing with the claim of EPFO department, under Section 35 (1) (n) and 60 (5) of I&B Code,2016 to discharge the duties of the Liquidator. 2. This Tribunal vide order dated 19.02.2020 in MA/05/KOB/2020 ordered liquidation of M/s. Achariya Techno Solutions (India) Pvt Ltd [Corporate Debtor] under Section 33(2) of I&B Code,2016. The Resolution Professional Shri. Shawn Jeff Christopher appointed as Liquidator of the Corporate Debtor under Section 34 of I&B Code,2016. 3. When the commencement of Liquidation process was notified to all concerned authorities, on 06.05.2020 the EPFO sent letter to the L....

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....he reply statement the 2nd Respondent stated that EPFO is a statutory body and the contribution, interest and damages payable under Section 7A, 7Q and 14 B of the Employees Provident Funds and Miscellaneous Provisions Act,1952[hereinafter referred to as the 'EPF &MP Act 1952'] are statutory dues and not claims which can be submitted to the Liquidator in Form G. 7. It is further stated that Section 53 of the I&B Code 2016 is not applicable to the recovery of dues which do not form part of the Liquidation Estate under the I&B Code 2016, by virtue of Section 36 (4) (a) (iii). They have referred to the decision of the Hon'ble Supreme Court in the matter Kushal Ltd V. Regional Provident Fund Commissioner -1, and others [Civil Appeal No. 1920 ....

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....) determine the amount due from any employer under any provision of this Act, the Scheme or the 3 [Pension] Scheme or the Insurance Scheme, as the case may be, and for any of the aforesaid purposes may conduct such inquiry as he may deem necessary]; (2) The officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), for trying a suit in respect of the following matters, namely:- (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses; and a....

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....ce if the officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the officer. 7Q. Interest payable by the employer. - The employer shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the Scheme on any amount due from him under this Act from the date on which the amount has become so due till the date of its actual payment: Provided that higher rate of interest specified in the Scheme shall not exceed the lending rate of interest charged by any scheduled bank.] 14B. Power to recover damages. - Where an employer makes default in the payment of any contribution to the Fund [Pen....