TaxTMI 
TaxTMI 
2022 (6) TMI 1304
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.... follows; a. To condone the delay if any, in filing of claim amount of the Applicant for Rs. 3,72,119/- before the Respondent. b. To direct the Respondent to include the Applicant as stakeholder in the finalized list of creditors and pay off the claim amount of Rs. 3,72,119/- of the Applicant on first priority from and out of the liquidation assets/estate of the Respondents. c. To direct the Respondents for payment of costs thereof. 2. It was averred in the Application that the Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor viz. Adept Technology Private Limited by this Tribunal on 29.03.2019 and subsequently Liquidation was ordere....
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.... Rs. 3,72,119/- of the Applicant on first priority from and out of the liquidation assets/estate of the Respondent. 8. From the records it is seen that the applicant had filed the Claim in Form "F" under Regulation 9A of the Insolvency and Bankruptcy Board of India (IBBI) (Insolvency Resolution Process for Corporate Persons) Regulations, 2016) and the extract of the Form "F" which was filed by the Applicant is reproduced hereunder: 9. It is observed that the Applicant was required to file the form as per Regulation 20 of the IBBI (Liquidation Process) Regulations, 2016 before the Liquidator in Form "G" but the Applicant chose to file its claim in Form "F" under Regulation 9A of the IBBI (Insolvency Resolution Process for Corporate Per....
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....rcumstances, since the application is incomplete, the claim form which has been filed by the applicant before the Liquidator is not in accordance with the form prescribed under IBBI (Liquidation Process) Regulations, 2016, such claim is non-est. 15. Accordingly, this IA(IBC)/748/CHE/2021 dismissed. No costs. ============= Document 1 S.No. PERIOD OF DEFAULT ORDER PASSED UNDER 7A/7Q,14B 1 05/2015 to 01/2016 2 05/2015 to 01/2016 3 05/2015 to 01/2016 Total Proceedings Order No.CHN- 1/TN/53895/Enf/Regl/2018 dated 20/11/2018 dues under section 7A of the EPF & MP Act, 1952 has been levied for the period 05/2015 to 01/2016 for Rs. 3,64,618/- PROCEEDINGS/APPEAL PENDING IF ANY NIL NI....
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....chnology Pvt Ltd, No. 28, JK Towers, 1st Floor , Bazullah Road, T Nagar, Chennai-17.- TN/MAS/53895 - Regarding. 1. Recovery Officer, hereby submit the following proof of claim in respect of the corporate insolvency resolutions process in the case of M/s. Adept Technology Pvt Ltd. The details of the same are set out below: 2. 3. Name of the Creditor PARTICULARS Identification number of the creditor (If an incorporated body corporate, provide identification number und proof of incorporation. If a partnership or individual, provide identification record of all partners or the individuals) Address and email address of the creditor for correspondence Employees Provident Fund Organisatio....
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....S/ 7(4)/53895/Regl/2021 dated 02/07/2021 for Rs. 7,501/-mentioned at Sl. No 2) 6. Details of how and when the claim arose 1. Proceeding order No.CHN- 1/IN/53895/Enf/Regl/2018 dated on 20.11.2018 dues under section 7A of The EPF & MP Act, 1952 has levied for the period from 05/2015 to 01/2016 for Rs. 3,64,618/- mentioned at Sl.No. I) 2. RRC Ref No. dated TNMAS6146/0053895/02/04/2019/519/35 02.04.2019 certificate issued under provision of section 8 of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 for the period. from 05/2015 to 01/2016 for Rs.3,64,618/-mentioned at Sl. No.1). Gr 3. Short remittance made by the establishment vide UO ref no UO/IN....
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.... at Sl. No 2) e of the creditor or any person authorised to act on his behalf es crclose the authority if this is being submitted signed on behalf of the creditor) Hufta PRANIT JOSHI C Signature is BLOCK LETTERS PRANIT JOSHI ics with or in relation to the creditor Aess of the person signing RECOVERY OFFICER Regional Provident Fund Commissioner & Recovery Officer Employees Provident Fund Organisation, Regional Office, No.37, Royapettah High Road, Royapettah, Chennai 600 014. (PRANIT JOSHI) Regional Provident Fund Commissioner-II (Legal)/ Recovery Officer qua calANTY JOSS Document 5 delay of In view of the above, it is therefore most respectfully payed that in the inter....