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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Ashok Bhushan, J
Regional Provident Fund Commissioner – Appellant
Versus
Ms. Mamta Binani – Respondent
| Table of Content |
|---|
| 1. challenge against resolution plan approval regarding pf dues. (Para 1 , 2) |
| 2. argument on entitlement for full pf dues under cirp. (Para 4 , 5) |
| 3. court observes necessity of honoring all admitted pf dues. (Para 7 , 10) |
| 4. court ruling on the prioritization of pf dues in insolvency. (Para 11 , 12) |
| 5. final directive for payment tied to previously issued judgments. (Para 19) |
JUDGMENT
(13th March, 2024) Ashok Bhushan, J.
This Appeal by Regional P.F. Commissioner has been filed challenging the order dated 11.05.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata in IA(IB) No. 1332/KB/2020 by which order the Adjudicating Authority has allowed the application filed by the Resolution Professional for approval of the Resolution Plan.
2. Brief facts of the case necessary to be noticed for deciding this Appeal are:-
2.1. The Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor- ‘R.D. Rubber Reclaim Limited’ commenced by the order dated 25.10.2019. On 02.11.2019, public announcement was made. The Appellant- Regional P.F. Commissioner submitted its claim on 28.08.2020 for Rs.1,02,84,785/- under Section 7A , Rs.75,6
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