TaxTMI 
TaxTMI 
TaxTMI 
2025 (8) TMI 650
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.... appellant as well as learned counsel appearing for the RP and learned counsel for the SRA. 2. This appeal has been filed against an order passed by the adjudicating authority dated 07.03.2025 by which resolution plan of the corporate debtor - M/s. Universal Buildwell Pvt. Ltd. has been approved. This appeal has been filed by Regional Provident Fund Commission challenging the order approving the resolution plan. 3. The Corporate Insolvency Resolution Process (CIRP) of the corporate debtor commenced on 03.07.2018, the IRP sent information to the appellant for submitting a claim. The claim was filed on 18.07.2019 which was not admitted by the RP. 4. An I.A. was filed by the Department being I.A. No.1810/2023 seeking a direction to admit th....
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.... per Section 36 of the IBC, hence the entire claim was required to be admitted in the CIRP. 9. Learned counsel for the RP opposing the submission of the appellant submits that in present case, CIRP commenced on 03.07.2018 and the basis of the claim filed by the appellant was an order passed subsequently on 06.07.2019 during moratorium period hence the said claim was not considered and on basis of the books of the account of the corporate debtor, claim of Rs.18,76,448/- was admitted. It is submitted by learned counsel for the RP that in pursuance of the order of the adjudicating authority, the claim was admitted which was communicated to the appellant but the said was never challenged by the appellant before the adjudicating authority or an....
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....e employees qua which the EPF contribution amount could not be remitted with the EPFO has been given. Apparently, the claim of EPFO has not been examined on merits and in a transparent manner. In the wake, the application is disposed of with a direction to RP to examine the claim of the Applicant with reference to the books of the CD and make a fair order in this regard. The claim of the EPFO would be examined by the RP, with due deference to the judgment of Hon'ble Supreme Court Bhupinder Singh versus Unitech Limited (Civil Appeal No 10856/2016) order dated 20.01.2020, in terms of which the moratorium would not foreclose the statutory entitlement of the EPFO to enforce the claims for payment of EPF and other related statutory dues agai....
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....e accepted. 14. Furthermore, the RP has given reasons for not accepting the claim, that the said is based on an order passed on 06.07.2019 that is during moratorium period and the claim which is admitted is on the basis of the books of the account of the corporate debtor. 15. The appellant having not agitated his partial admission of the claim any further, we do not find any ground to interfere with the order of the adjudicating authority approving the resolution plan of the corporate debtor. 16. Learned counsel for the RP submits that as far as the admitted claim, SRA has agreed to make the full payment. Counsel for the SRA has also submitted that entire claim admitted by RP in the CIRP shall be paid. 17. We also do not find any substa....