TaxTMI 
TaxTMI 
2022 (5) TMI 485
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....ction restraining Respondent Nos. 1, 2 and 4 from giving any effect to, take any steps, and order of mandatory injunction directing Respondent Nos. 1, 2 and 4 to take appropriate steps for de-freezing the ODCC account of the applicant maintained with HDFC Bank Limited, having its Branch Office at 268/9, G.T. Road, Liluah, Howrah Pin-711204 being Account No. 50200055570842, be passed. 3. The applicant has submitted that the applicant is running and operating the Jute Mill of the Corporate Debtor (in liquidation) since 1st August, 2016 as lessee as per lease deed dated 1st August, 2016 (Annexure-A). It is submitted that the order of liquidation was passed on 13th February, 2019 by this Adjudicating Authority which was confirmed by the Hon'ble NCLAT 20th February, 2020. 4. It is further submitted that on 22nd September, 2021, the applicant came to know from Respondent No. 4/HDFC Bank, banker of the applicant, that its bank account bearing No. 50200055570842 maintained with Liluah Branch had been attached by reason of the wrongful and illegal notice issued by Respondent Nos. 1 and 2 dated 21st September, 2021 to the Branch Manager of Respondent No. 4 Bank. It is submitted tha....
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....s further submitted that from August 1,2016 upto December, 2019, the applicant has already made all payments of the Provident fund dues (both employees and employers portions) accruing on account of its operations except the sum of Rs. 41,85,955/- which remains unpaid. 9. It is submitted that no attachment order could have been passed by Provident Fund Authorities for attachment ODCC Account, for availing credit facilities upon payment of interest. It is submitted that the ODCC Account is neither a savings account nor the current nor any deposit account. No funds belonging to the applicant are deposited in such account. 10. It is stated that the credit facilities which are availed by the applicant, are repaid to the Bank with interest. Therefore, the question of PF Authorities freezing the ODCC account is not sustainable. 11. It is stated that the attachment order will certainly cause the Jute Mill of the Corporate Debtor to be closed because the applicant will not be able to make payment of wages and salaries with other dues about 1200 workers and employees. It is stated that there are various other expenses for purchasing raw materials and the payments to be made to the ....
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....ner, High Court of Bombay, ii. Vitthal Sahakari Sarkar Karkhana, Aurangabad & Anr. Vs. Assistant Provident Fund Commissioner, Aurangabad & Ors., High Court of Bombay, iii. S. Vaheedkutty, Proprietor, M/s. Mukhathala Cashew Proceeding Vs. Recovery the Asst. Provident Fund Commissioner & Ors., Kerala High Court, iv. Manoj K. Vs. The Employees Provident Fund Organisation & Ors., WP No. 3566 of 2010 (U) Kerala High Court, Single Bench, v. The Employees Provident Fund Organization & Ors. Vs. Manonj Kr., Kerala High Court, Division Bench. 17. The applicant has therefore, prayed that Respondent No. 4 Bank be directed to defreeze the ODCC Account of the applicant maintained with HDFC Bank, Liluah Branch, Howrah being Account No. 50200055570842 and direct R-4 to allow usual operations of the aforesaid account maintained with the Bank. 18. We have seen the reply filed by Respondent No. 1 and 2 (Regional Provident Fund Commissioner-II), who have submitted that the application is not maintainable and is liable to be dismissed. It is submitted that the applicant being the lessee, shall pay all employment related statutory obligations including but not l....
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....icable in respect of the creditors of the Corporate Debtors and not an entity which is not a Corporate Debtor. 23. We have heard Ld. Counsel for the parties including Ld. Counsel for the applicant Daaksh Jute Mill LLP and the Ld. Senior Counsel for the Liquidator at length. 24. After a lot of discussion on the demand and the liability of the Daaksh Jute Mill LLP and that of the Corporate Debtor, finally the Ld. Counsel for the applicant submitted that from the date Daaksh Jute Mill LLP came into possession, pursuant to lease in its favour, the amount of the employer and employee's contribution has already been paid. Since the total amount being claimed by the PF authorities Rs. 1,92,75,853/- includes the dues from 2004 onwards, the amount from 2004 till the date of the CIRP have already been claimed by the PF Authorities, who have submitted their claim with the liquidator. The Ld. Counsel for the Daaksh Jute Mill LLP, however, submitted that even though all the amounts relating to the employer and employees working with the Daaksh Jute Mill LLP have already been deposited with the authorities but even if there is anything pending in that regard that shall be deposited by ....