NATIONAL COMPANY LAW TRIBUNAL

CHANDIGARH BENCH (COURT-II), CHANDIGARH

IA No.926/2020

in

CP(IB) No.09/Chd/Chd/2017

(Admitted)

IN THE MATTER OF:

Sky Blue Papers Pvt. Ltd.,

Plot No. 85, Industrial Area, Phase - 1,

Chandigarh - 160002

…………………… Corporate Debtor

Under Section 60(5) of the Insolvency and Bankruptcy Code,

2016

AND IN THE MATTER OF IA NO. 926/2020:

Employees Provident Fund Organization,

Regional PF Commissioner -II,

Regional Office, SCO - 4-7, Sector - 17-D,

Chandigarh

………………………………………………Applicant

Versus

Mr. Prem Kumar Garg,

SCO - 2461, Sector- 22 C,

Chandigarh

……………………………… Liquidator/ Respondent No. 1

Punjab National Bank,

Through Its Branch Manager,

Bank Square, Sector 17-B,

Chandigarh-160017

…………………………………………. Financial Creditor/ Respondent No. 2

Order delivered on: 04.12.2024

Coram: HON’BLE MR. HARNAM SINGH THAKUR, MEMBER (JUDICIAL)

HON’BLE MR. UMESH KUMAR SHUKLA, MEMBER (TECHNICAL Present:

For the Applicant : Mr. Gaurav Tangri, Advocate For the Respondent No.1 : Mr. Viren Sharma, Advocate For the Respondent No.2 : Mr. Harsh Garg & Ms. Ramneek Kaur Advocates Per: SH. HARNAM SINGH THAKUR, MEMBER (JUDICIAL)

SH. UMESH KUMAR SHUKLA, MEMBER(TECHNICAL)

ORDER

This Interlocutory Application (hereinafter referred to as the “IA”) has been filed under section 60 (5) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “IBC” or “Code”) by Employees Provident Fund Organization (hereinafter referred to as the “Applicant” or “EPFO”) praying for (a) Setting aside the impugned orders dated 12.06.2020, 21.07.2020 &

07.09.2020 (Annexure A-12, Annexure A - 13 & Annexure A - 14) passed by Liquidator and;

(b) The Liquidator may be directed to accept the entire claim of Applicant in the interest of justice and further direction be issued to the Liquidator to deposit the entire amount assessed/claimed by Applicant with Applicant in the interest of justice.

2 Since the registered office of Corporate Debtor is situated at Chandigarh, therefore, the present IA is within the territorial jurisdiction of this Tribunal.

3 Originally the Applicant has impleaded only Liquidator as Respondent. This Tribunal v[de order dated 23.01.2023 directed the Applicant to implead the Financial Creditor i.e. Punjab National Bank as necessary party in the present application. In compliance of order dated 23.01.2023 the Applicant has impleaded the Financial Creditor i.e. Punjab National Bank in the array of Respondents being as Respondent No. 2 and filed the Amended Memo of Parties vide compliance affidavit filed dated 01.02.2023 vide Diary No. 01808/01 dated 02/02.2023. The Applicant also served the notice on the Financial Creditor and filed the Affidavit of Service vide compliance affidavit filed dated 29.03.2023.

FACTS OF THE CASE

4 The brief facts, as stated by the Applicant in the IA, are as below:

(i) The Applicant approached the Liquidator for recovery of Provident Fund (hereinafter referred to as the “PF”) dues. The Liquidator submitted the record, based on which the Applicant ascertained the amount of Rs.10,35,348/- to be paid by the Corporate Debtor vide its Order dated 14.05.2019, the copy of which has been annexed with the IA at Annexure A-1.

(ii) The Applicant also passed the Order dated 30.05.2018 under Sections

14B and 7Q of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the “EPF Act”), whereby the Corporate Debtor was held liable to pay Rs.19,772/- in the form of damages and interest on account of late payments of PF dues in different heads. The copy of above Order and the recovery certificate dated 09.04.2019 have been annexed with the IA at Annexure A-2 and Annexure A-3 respectively.

(iii) After complying with the statutory provisions of EPF Act with regard to the procedure of enquiry process for ascertainment of dues, the Applicant approached the Liquidator by filling claim for payment of PF dues, because of first charge on the assets created against the PF dues as per Section 11(2) of EPF Act, and as per section 3