IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH

[Through Physical hearing/VC Mode (Hybrid)]

ITEM No.17

I.A.No.487, 849/2023, 754/2025 in

C.P. (IB) No.214/BB/2019

IN THE MATTER OF:

M/s. Madura Coats Pvt. Ltd. … Petitioner

Vs.

M/s. Unitex Apparels Pvt. Ltd. … Respondent

Petition under Section 9 of IBC, 2016

Order delivered on: 27.11.2025

CORAM:

SHRI SUNIL KUMAR AGGARWAL

HON’BLE MEMBER (JUDICIAL)

SHRI RADHAKRISHNA SREEPADA

HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Liquidator : Appeared

ORDER

I.A.Nos.849 & 754/2025:

1. Vide separate Order, the Applications are dismissed.

I.A.No.487/2023:

1. Heard Ld. Counsel for the Applicant.

2. List the case for Orders on 05.01.2026.

-Sd- -Sd-

RADHAKRISHNA SREEPADA SUNIL KUMAR AGGARWAL MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Shruthi

IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH (Exercising powers of Adjudicating Authority under The Insolvency and Bankruptcy Code, 2016)

(Application under Sec.5 of the Limitation Act.

1963 r/w Rule 11 of the NCLT Rules, 2016)

IN THE MATTER OF IA 754/2025:

The Regional PF Commissioner- II Employees’ Provident Fund Organization Regional Office, Rajarajeshwari Nagar, Bengaluru - 560 098 …Applicant Versus Ratnakar Shetty Liquidator of Unitex Apparels Private Ltd Having registered office at RPAR & Co LLP, No.16 Level 3, Skyline Towers 7^th Cross, Sampige Road Malleshwaram, Bengaluru-560 003 .…Respondent/Liquidator IN THE MAIN MATTER OF Madura Coats Private Limited, Registered office at: No. 144, MG Road Bengaluru — 560 001 …Petitioner Versus Unitex Apparels Private Limited No.24, Pete Channappa Industrial Estate Summanahalli Circle, Kamakshipalya, Bengaluru- 560 079 …Respondent Order Delivered on: 27.11.2025 Coram: 1. Shri Sunil Kumar Aggarwal, Hon’ble Member (Judicial)

2. Shri Radhakrishna Sreepada, Hon’ble Member (Technical)

Parties/Counsels Present:

For the Applicant: Ms. B.V. Vidyulatha For the Liquidator: Mr. Harkrishna Pramod with Ms. Aishwarya ORDER

1. This Application has been filed by the Regional PF Commissioner- II (hereinafter called as Applicant) under Section 5 of the Limitation Act 1963 r/w Rule 11 of the National Company Law Tribunal Rules, 2016,inter-alia, praying to this Adjudicating Authority for following reliefs:-

(i) Condone the delay of 139 days (22.06.2023 to 23.11.2023), in filing the appeal against the decision of the liquidator to reject the claim of Rs. 6,97,11,270 submitted by the Applicant in Form F

2. Brief facts of the instant Application which are relevant to the issue in question are as follows:-

(a) This Adjudicating Authority, vide, its order, dated 21.09.2020 in I.A.

395/BB/2020 passed an order for the liquidation of the Unitex Apparels Private Limited (“Corporate Debtor”) under Section 33(2) of the Code and appointed Mr. Ratnakar Shetty with IBBI Registration no. IBBI/IPA-001/IP-

P-01630/2019 -2020/12718 as the Liquidator of the Corporate Debtor.

(b) Pursuant to the said order dated 21.09.2020 admitting the Corporate Debtor into liquidation and appointing Mr. Ratnakar Shetty as the liquidator of the Corporate Debtor (“Liquidator”); The Liquidator made a public announcement for inviting claims against the Corporate Debtor on 05.12.2020 after order was received by the Liquidator on 03.12.2020 providing the last date for submission of claims as 02.01.2021.

(c) The Applicant submits that, it had filed Claim as an Operational Creditor in Form-F dated 30.12.2022 before the Liquidator and claiming an amount of Rs. 6,97,11,270 (Rupees Six Crores Ninety -Seven Lakhs Eleven Thousand Two Hundred and Seventy Only) towards Provident Fund dues from Unitex Apparels Pvt. Ltd. However, by an email communication dated 22.06.2023, the Liquidator rejected the claim of the Applicant stating that, only Rs.47,592 (Rupees Forty Seven Thousand Five Hundred and Ninety-Two Only) shall be apportioned towards the Provident Fund dues of workers, which was subsequently paid to the Applicant vide a Demand Draft dated 16.05.2023 as a full and final settlement towards the claim made by the App