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2025 Supreme(Online)(NCLT) 8192

NATIONAL COMPANY LAW TRIBUNAL
SHRI SUNIL KUMAR AGGARWAL, SHRI RADHAKRISHNA SREEPADA, JJ
M/s. Madura Coats Pvt. Ltd. – Appellant
Versus
M/s. Unitex Apparels Pvt. Ltd. – Respondent


Advocates:
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 ‘the Applicant’) under Sec. 42 and Sec. 60(5) of the Insolvency and Bankruptcy Code read with Rule 11 of the National Company Law Tribunal Rules, 2016, for following reliefs:-

a) set aside the decision of the Liquidator rejecting the claim of the Applicant vide email dated 22.06.2023 and direct him to reconsider the claim made In Form-F dated 30.12.2020, by the Applicant at Annexure- A and thereafter, to release the amounts claimed therein in its entirety, by allowing this Application in the interest of justice and equity.

2. Brief facts relevant for disposal of the application are as follows: -

(a) This Adjudicating Authority, vide order, dated 21.09.2020 in I.A. 395/BB/2020 had directed liquidation of the Unitex Apparels Private Limited (“Corporate Debtor”) under Section 33(2) of the Code and appointed Mr. Ratnakar Shetty IBBI Registration no. IBBI/IPA-001/IP-P-01630/2019-2020/12718 as the Liquidator of the Corporate Debtor.

(b) Pursuant thereto, the Liquidator made a public announcement for inviting claims against the Corporate Debtor on 05.12.2020 after receiving the order on 03.12.2020,

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