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2024 Supreme(Online)(NCLT) 5724

NATIONAL COMPANY LAW TRIBUNAL
The Assistant Provident Fund Commissioner – Appellant
Versus
Bkm Industries Limited – Respondent


Advocates:
For the Petitioner:Rajib Ghosh

In

Company Petition (IB) No. 2078/KB/2019

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

2016 (I&B Code) read with Rule 11 of the NCLT Rules, 2016 and

under Regulation 12 of the IBBI (Insolvency Resolution Process

for Corporate Persons) Regulations, 2016

IN THE MATTER OF:

TRIMURTI ASSOCIATES PRIVATE LIMITED

… Financial Creditor

Versus

BKM INDUSTRIES LIMITED

… Corporate Debtor

And

IN THE MATTER OF:

The Assistant Provident Fund Commissioner, the Employees’ Provident Fund Organization, Ministry of Labour and

Employment, Government of India,

Applicant.

Versus

1. BKM Industries Private (Corporate

Debtor),

2. Mr. Pritam Bayal, RP of the Corporate

Debtor,

3. Uniglobal Papers Private Limited,

Successful Resolution Applicant.

… Respondents.

Date of Pronouncement: April 30, 2024.

CORAM:

SMT. BIDISHA BANERJEE, HON’BLE MEMBER (JUDICIAL)

SHRI. D. ARVIND, HON’BLE MEMBER (TECHNICAL)

In Company Petition (IB) No. 2078/KB/2019 Appearance:

For the Applicant: Mr. Avijit Tewary, Adv.

For the erstwhile RP: Mr. Rishav Banerjee, Adv.

Mr. Rajarshi Banerjee, Adv.

Mr. Aishwaya Kr. Awasthi, Adv.

Ms. Prerna Shaha, Adv.

ORDER

Per: Bidisha Banerjee, Member (Judicial)

1. The Court congregated through hybrid mode.

2. We have heard the

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