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2024 Supreme(Online)(NCLT) 1378

NATIONAL COMPANY LAW TRIBUNAL
DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, SH. CHARAN SINGH, JJ
IDBI Bank Ltd – Appellant
Versus
Kanakadhara Ventures Pvt Ltd – Respondent


Advocates:
For the Applicant: Mr. B.Harinath Rao
For the Liquidator/Respondent: Mr.G.Kalyan Chakravarthy

ORDER

1. This is an application filed by the Applicant/Employees Provident Fund Organisation Under Regulation 12(2) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 read with Section 60(5), 87(1) (a) & (c), 88 of IB Code, 2016 seeking following reliefs:

a) To set aside the Rejection Order/ Letter Dated: 29/07/2022 passed by the Liquidator Sri Rajesh Chillale, wherein the Liquidator has rejected the claim made by the Applicant herein in recovering the Provident Fund dues of the bread and butter of the workers of the Corporate Debtor, in the above said CP (IB) No. 745/7/HDB/2018, viz., Kanakadhara Ventures Private Limited, Hyderabad holding that the PF dues need not be paid in priority to all other debts and that the waterfall mechanism, envisaged under section 53 of IBC 2016 shall only be applicable and complied with for the purpose of distribution of sale proceeds from the liquidation assets, as illegal, arbitrary and contrary to the social security enactment of Provident Fund Act.

b) To allow the claim made by the Applicant before the Liquidator Sri. Rajesh Chillale in respect of the recovery of provident fund due

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