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2025 Supreme(Online)(NCLT) 2117

NATIONAL COMPANY LAW TRIBUNAL
Sh. Sushil Mahadeorao Kochey, Sh. Charanjeet Singh Gulati, JJ
The Central Board of Trustees, Employees Provident Fund Organization – Appellant
Versus
Mr. Anil Kumar Dad, Resolution Professional, of Samaypra Technosolution Pvt. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Adv. Vinay Kate (PH)
For the Respondents: Adv. Nausher Kohli (PH), Adv. Monel Thakkar (VC)

Table of Content
1. claim submission and timeline. (Para 1 , 2 , 3)
2. respondent's arguments on claim validity. (Para 4 , 5 , 6 , 7)
3. priority of epfo claims. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. respondent's stance on claim submission. (Para 14 , 15)
5. court’s reasoning on claim admission. (Para 17 , 18 , 19 , 20 , 21)
6. application allowed. (Para 22)

ORDER

1. This is an IA filed by the Central Board of Trustees Employees Provident Fund Organization for directions to the Resolution Professional to admit the entire claim of Rs. 86,37,135/- of the Applicant filed on 19.03.2024 along with damages and interest.

Contention of the Applicant: -

2. It is contended by the Applicant that the Corporate Debtor covered under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 with effect from 01.09.2018, the remittance of statutory Provident Fund by the Corporate Debtor was mandatory. The Corporate Debtor has defaulted in remittance of statutory Provident Fund and allied dues to the tune of Rs. 86,37,135/-. The Corporate Insolvency Resolution Process was initiated against the Corporate Debtor and Mr. Nishi Jain was appointed as Interim Resolution Professional vide order dated 05.10.2

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