O R D E R

(Hybrid Mode)

[ORAL JUDGMENT: Justice Sharad Kumar Sharma, Member (Judicial)] 13.04.2026

1.These two company appeals have been preferred by Kineta Global Limited, the Successful Resolution Applicant of Blue Park Seafoods Private Limited. Company Appeal (AT) (CH) (Ins) No. 22/2026 would be taken as to be the lead appeal, where the Appellant challenges the impugned order of 13.06.2025, that was passed by the Ld. Adjudicating Authority, in IA(IBC)/24 /2025, in IA(IBC)/407/2023 in CP (IB)/77 /9/AMR/2021, by virtue of which the claim preferred by EPFO, Respondent-1 herein was allowed. In Company Appeal (AT)(CH)(Ins) No. 21/2026, the Appellant challenges the order of Ld. NCLT dated 20.08.2025, that was passed, in IA(IBC)/272/2025, that was preferred in IA(IBC)/24/2025 in IA(IBC)/407/2023, in CP(IB) No. 77/9/AMR/2021, whereby the application filed by the Appellant / SRA seeking recall of the order passed by Ld. NCLT on 13.06.2025 in IA/24/2025 was rejected. The facts which engage consideration in both the appeals are common. Hence, they are required to be commonly read for both the company appeals.

2. Corporate Insolvency Resolution Process (CIRP) against Corporate Debtor was initiated with filing of the application under Section 9 of I&B Code by M/s. Pattabhi Enterprises. The said application was admitted by Ld. NCLT by the order dated 26.10.2022 and CIRP was commenced in respect of the Corporate Debtor. The Resolution Professional, who was appointed by an order dated 14.12.2022 to conduct the CIRP, took the necessary steps such as issue of public notice, invitation of claims and collation of the same and constitution of the Committee of Creditors (CoC) and after taking the approval of the CoC, invited Expression of Interest (EoI) for submission of Resolution Plans.

3. The Appellant, submitted his Expression of Interest (EoI) and was declared as a Prospective Resolution Applicant. Subsequently, he was asked to submit a Resolution Plan in accordance with the provisions of the Code and he duly submitted the same for consideration of CoC. In all, four Resolution Plans including the resolution plan submitted by the Appellant were put up before the CoC for consideration. The CoC deliberated upon the said four plans, and ultimately, approved the plan that was submitted by the Appellant by 100% voting on 10.11.2023. Thereafter, the Resolution Professional filed the application IA(IBC)/407/2023 in the CP (IB)/77 /9/AMR/2021 on 18.11.2023, seeking an approval of the Resolution Plan submitted by the Appellant, which stood approved by the Ld. Adjudicating Authority vide its order of 07.05.2024.

4. It is revealed from the records that the Resolution Professional, in the process of receiving claims from the creditors and other stakeholders, received a claim from the Employees Provident Fund Organisation (EPFO) for an amount of Rs. 92,86,949/- on 24.01.2023. The said amount as claimed was qua the amount payable under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act of 1952, wherein the assessment of dues relating to the claim was pending inquiry, and final orders were yet to be passed by the competent authority under EPF&MP Act. The inquiry proceeding against the Corporate Debtor under Section 7A of the EPF Act was initiated by Respondent No. 1 on 15.07.2022 and the said inquiry proceedings continued during the CIRP period despite operation of the moratorium which is borne by the fact that on 14.02.2023, the notices were issued to the RP by Employee's Provident Fund Officer. Further, the final order on the said 7A proceedings was passed on 30.04.2024 and the same was communicated to the Resolution Professional. Meanwhile, the resolution plan submitted in IA(IBC)/407/2023 was approved by Ld. NCLT on 07.05.2024.

5. The records further reveal that on receiving no response from the RP in respect of its claim submitted and upon learning that the resolution plan has already been approved on 07.05.2024, EPFO, the Responden