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2023 Supreme(Online)(NCLT) 21

NATIONAL COMPANY LAW TRIBUNAL
Employees Provident Fund Organisation – Appellant
Versus
Sh. Nipan Bansal Resolution Professional – Respondent


Advocates:
For the Petitioner:ASHISH CHAUDHARY

ORDER

In the present application, the applicant-EPFO is seeking direction against the respondents to implement the orders passed by the applicant-EPFO and the amount of Rs. 35,66,200/- determined under Section 7-A, Section 14 (B), Section-7Q, as per the revised claim dated 29.07.2022, be directed to be remitted to applicant-EPFO, in view of Section 36(4)(a)(iii) of Insolvency and Bankruptcy Code, 2016 and to exclude all the sums due to any workmen or employee from provident funds, the pension funds and gratuity fund from liquidation estate assets of the corporate debtor/establishment.

2. It is further prayed that directions be issued to respondents No. 1 and 2 to realise the amount of EPF dues duly assessed and revised claim dated 29.07.2022 along with the damages and interest calculated till the date of the realization of the same. Further direction to respondent No. 1 to allow the applicant-EPFO to inspect the record of establishment/corporate debtor in the interest of poor workmen.

3. It is submitted that the applicant initially initiated the enquiry under Section 7A of EPF & MP Act 1952 against the respondent IA No. 1556/2022 establishment/corporate debtor for not complying with t

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