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NATIONAL COMPANY LAW TRIBUNAL

INDORE SPECIAL BENCH

ITEM No.14

IA/273(MP)2024

in

C.P.(IB)/37(MP)2021

Order under Section 60(5) r.w. Rule 11

IN THE MATTER OF:

Employees' Provident Fund Organization, through Regional ........Applicant

Provident Fund Commissioner

V/s ........Respondent

Ishwar Lal Kalantri, Liquidator of Sagar Automobiles Pvt Ltd

Coram:

Mohan P. Tiwari, Hon’ble Member(J)

Sanjeev Sharma, Hon’ble Member(T)

PRONOUCMENT ORDER

Delivered on 30/01/2026

The case is fixed for pronouncement of the order. The order is pronounced in open

Court vide separate sheet.

Sd/- Sd/-

SANJEEV SHARMA MOHAN P. TIWARI

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Neeraj

Page 1 of 16

NCLT INDORE BENCH

IA No. 273 (MP) of 2024

in

CP (IB) 37 of 2021

Date of Order: 30.01.2026

IN THE NATIONAL COMPANY LAW TRIBUNAL

INDORE BENCH

EPFO, Indore

Vs

Liquidator Ishwar Lal Kalantri

IA No. 273 (MP) of 2024

in

CP (IB) 37 of 2021

(An interlocutory application filed under Section 60(5) of the Insolvency and

Bankruptcy Code, 2016, read with Rule 11 of the National Company Law

Tribunal Rules, 2016.)

Employees Provident Fund Organization, Indore

Through Regional Provident Fund Commissioner,

Regional Office: 7, Race Course Road,

Indore - 452003

........Applicant

V/s

Mr. Ishwar Lal Kalantri

Liquidator of M/S Sagar Automobiles Pvt. Ltd.

Address: FH 183, Scheme No. 54,

Vijay Nagar, Indore, M.P

........Respondent

IN THE MAIN MATTER OF:

CP (IB) 37 of 2021

M/S Sagar Automobiles Pvt. Ltd ......Applicant/Corporate Debtor

Order pronounced on:30 .01.2026

Coram:

Mr. Mohan P. Tiwari, Hon’ble Member (J)

Mr. Sanjeev Sharma, Hon’ble Member (T)

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NCLT INDORE BENCH

IA No. 273 (MP) of 2024

in

CP (IB) 37 of 2021

Date of Order: 30.01.2026

Appearance:

For the Applicant : Ms. Darshana Baghel, Adv. (EPFO)

For the Liquidator : Ms. Ayushi Patidar, PCA

J U D G E M E N T

1. This Interlocutory Application is filed on 17.05.2024, under Section

60(5) of the Insolvency and Bankruptcy Code, 2016 (the IB Code, 2016), read

with Rule 11 of the National Company Law Tribunal Rules, 2016 (the NCLT

Rules, 2016) by the Regional Provident Fund Commissioner, EPFO, Indore (the

Applicant) against Mr. Ishwar Lal Kalantri (the Respondent), Liquidator of

M/S Sagar Automobiles Pvt. Ltd. (the Corporate Debtor).

2. Through this present Application, the Applicant seeks following

directions given below:

a) To direct the Respondent to consider the claim of the Applicant in the

category of Labor/Workmen dues in accordance with the provisions of

IBC, 2016 and EPF & MP Act, 1952.

b) To allow the claim of the Applicant being an amount of Rs.15,09,650/-

(Rupees Fifteen lacks Nine Thousand Six Hundred Fifty Only) as per the

Letter dated 3.11.2022 filed by the Applicant to the Liquidator along with

further interest as may be awarded, and the claim be considered in

priority over other dues of the Financial Creditor.

c) To direct the Respondent to consider the claim of the Applicant in priority

as per the provision of IBC, 2016 and EPF & MP Act, 1952 and

Liquidation Process if approved be modified to include the claim of EPF.

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NCLT INDORE BENCH

IA No. 273 (MP) of 2024

in

CP (IB) 37 of 2021

Date of Order: 30.01.2026

d) To direct the Respondent to retain assets of the value of Rs 15,09,650/-

and not to distribute the same to enable the payment of the claim of the

Applicant, pending the hearing and final disposal of this Application.

3. The Applicant’s case in brief is

a) The Applicant submits that Shri Amit Jain, Regional Provident Fund

Commissioner- II, Regional Office, Indore was duly authorised to file the

present application vide authority letter dated 03.05.2024.

(Copy of the letter of authority is annexed under ANNEXURE A1 to the

Application.)

b) The Applicant submits that in IA No. 93 (MP) 2023 in CP (IB) 37 of

2021, this Adjudicating Authority, passed a liquidation order dated

28.07.2023 under Section 33 (2) of the IB Code, 2016 and appointed the

Respondent as the Liquidator.

c) The Applicant submits that the EPFO is a social security organization

governed by its own Act,