ORDER

IA(I.B.C)/1204( MB)2026 in C.P. (IB)/3558(MB)2018

1) Mr. Malcolm Vaz, Ld. Counsel for EPFO Department and Mr. Ryan D’souza, Ld. Counsel for the Respondent/Liquidator are present.

2) The present Interlocutory Application has been filed by the Applicant, Regional P.F. Commissioner-II, Vashi, praying for the following reliefs:

(a) Condone the delay, if any, in filing the claim before the RP/Liquidator and allow the claim of the Applicant being an amount of Rs.536,25,39,637/-(Rs. Five Hundred and Thirty Six Crores Twenty Five lakhs Thirty Nine Thousand Six hundred and Thirty seven Only) being total amount of PF dues as per the Claim Forms filed on various dates as detailed below:-

filed by the Applicant to the Liquidator, and the claim be considered as priority over other dues of the Corporate Debtor M/s Pratibha Industries Ltd.;

(b) Direct the Respondent/Liquidator herein to consider the claim of the Applicant in priority as per the provision of IBC and EPF & MP Act, 1952;

(c) Pending the hearing and final disposal of this Application the Respondent/Liquidator be restrained from alienating and/or disposing and/or disbursing and/or distributing the assets/proceeds of the assets of the Corporate Debtor, M/s Pratibha Industries Ltd. to the extent of claim of the Applicant herein;

(d) Interim and ad-interim reliefs in terms of prayer clause (a) to (c) above;

(e) Such other and further reliefs as this Hon’ble Court deem fit and proper;

3) The Applicant is Employees Provident Fund Organization claiming its dues in respect the orders passed u/s 7A, 7Q and 14B of the Employees Provident Fund and Misc. Provisions Act, 1952 against the Respondent /Liquidator. The Applicant has claimed an amount of Rs. 514,77,43,725/- vide Claim Forms dated 06/05/2024, 12/01/2023 and 09/03/2021 and reminders dated 24/08/2023, 01/08/2023, 21/04/2023 from the Applicant herein and further amounts of Rs. 8,15,038/- & 21,39,81,324/ as per the Form B dated 10.07.2019 and 24.08.2020 from RO Delhi North, filed by Applicant with the Respondent. However, no amount has been released by the Respondent. Accordingly, this Applicant is made for claiming the dues of EPFO payable to the poor workman /employees of the Company under liquidation/Resolution.

4) The Applicant states that as per the provision stipulated under Section 36 (4) of IBC which clearly declares all dues towards provident fund, pension fund and gratuity as third-party assets and excludes them from the liquidation estate of the corporate debtor. Section 36(4) makes a further declaration that such sums cannot be utilized for recovery of debts of the Corporate Debtor. Hence, it is required to secure PF claim raised on various occasions before liquidation of the company as PF dues is out of liquidation estate as per IBC law.

5) The Assistant Provident Fund Commissioner, Maharashtra, has placed on record an Affidavit of proof of Debt payable by M/s Pratibha Industries Limited (in Liquidation) at the date of the Order for winding up the same viz. 19.12.2019 for recovery of Provident Fund. The said claim is as under:

6) Further, the Employees’ Provident Fund Organisation has placed on record a letter dt. 12.01.2023, addressed to the Liquidator, submitting the Supplementary claim in respect of Provident Fund dues of M/s Pratibha Industries. The said claims are as under: