ITEM No.201

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

The case is fixed for pronouncement of the order. The order is pronounced in open Court vide separate sheet.

Sd/- Sd/-

MAN MOHAN GUPTA BRAJENDRA MANI TRIPATHI

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Chandni - LRA

[This is an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 Read with NCLT, Rules 2016]

APPEARANCE:

For the Applicant:

Ms. Darshana Baghel, Adv (Online)

For the Respondent:

Ms. Himani Chouhan, Adv (Physical) a.w. Mr. Bishwa Ranjan Chatterjee (RP-in-Person) (Online)

ORDER

(Delivered on 09.04.2026)

1) The present Interlocutory Application has been filed by the Employees Provident Fund Organisation, Indore (hereinafter referred to as “the Applicant”) under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (for short “IBC, 2016”) read with Rule 11 of the National Company Law Tribunal Rules, 2016, against the Resolution Professional of the Corporate Debtor (hereinafter referred to as “the Respondent”), seeking appropriate directions with regard to admission, classification and payment of Provident Fund dues. The reliefs prayed for are as follows:

a. Direct the Respondent to forthwith admit and accept the statutory provident fund claim dated 23.04.2024 amounting to Rs. 2,08,776/-;

b. Declare that the provident fund dues amounting to Rs. 2,08,776/- constitute a statutory first charge over the assets of the Corporate Debtor and are specifically excluded from the estate of the Corporate Debtor under Section 36(4)(a)(iii) and of Explanation (a) to Sec.18(1) of the Insolvency and Bankruptcy Code, 2016;

c. Direct the Respondent to earmark and disburse the aforesaid provident fund dues on a priority basis;

d. Restrain the Respondent from distributing any proceeds or assets of the Corporate Debtor to other creditors or stakeholders until the statutory provident fund dues, along with interest, are fully paid and satisfied;

e. Pass any other further order(s) or direction(s) as this Hon'ble Tribunal may deem fit, just, and proper in the facts and circumstances of the case;

2) That the Corporate Insolvency Resolution Process was commenced vide Order dated 05.04.2024 in the matter of Suman Phosphates and Chemicals Pvt. Ltd. (herein after referred to as 'the Corporate Debtor').

Pleadings of Applicant:

3) The Applicant is a statutory authority constituted under the provisions of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, which is a beneficial social welfare legislation enacted with the objective of securing the financial stability and social security of employees and workmen.

4) It is submitted that the Corporate Debtor was duly covered under the provisions of the EPF & MP Act, 1952 and was under a statutory obligation to deduct and deposit provident fund contributions in respect of its employees within the prescribed time. However, the Corporate Debtor committed persistent defaults in remitting such dues for the relevant period.

5) The Applicant has further stated that on account of such defaults, proceedings were initiated under Sections 7A, 14B and 7Q of the EPF Act for determination of provident fund contributions, damages and interest. Pursuant to such proceedings, the dues were duly quantified, and an order dated 25.09.2014 wherein damages under Section 14B and interest under Section 7Q were determined, aggregating to a total amount of ₹2,08,776/- for the delayed payment of Provident Fund dues for the period from May 2010 to May 2019 totaling Rs. 1,40,385/- and Rs. 68,391/- respectively.

6) It is further submitted that the Corporate Insolvency Resolution Process (CIRP) in respect of the Corporate Debtor was initiated vide order dated 05.04.2024 passed by this Adjudicating Authority in CP (IB) No. 68/2020, whereby Mr. Bishwa Ranjan Chatterjee, the Respondent herein, was appointed as the Interim Resolution Professional.

7) Pursuant to the said order, a public announcement was mad