NATIONAL COMPANY LAW TRIBUNAL INDORE BENCH COURT NO. 1 ITEM No.201 I.A. (I.B.C)/368(MP)2024 in (MP) CP(IB) 6 of 2020 Order under Section 60(5) r.w. Rule 11 IN THE MATTER OF:

Employees' Provident Fund Organization, through Regional Provident Fund Commissioner ........Applicant V/s Teena Saraswat Pandey, RP Rajpal Abhikaran Pvt Ltd & Anr. ........Respondent Coram:

Hon’ble Shri Brajendra Mani Tripathi, Member (J)

Hon’ble Shri Man Mohan Gupta Member (T)

PRONOUNCEMENT OF ORDER Delivered on 14/05/2026 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)

Tomar IN THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL INDORE BENCH I.A. (I.B.C)/368(MP)2024 IN C.P. (IB) NO. 6 OF 2020 [Application under section 60(5) of Insolvency and Bankruptcy Code, 2016 read with rule 11 of the National Company Law Tribunal Rules, 2016]

In the matter of:

Employees' Provident Fund Organization, Indore Through Regional Provident Fund Commissioner, Address: Regional Office: 7 Race Course Road, Indore (M.P.) ...Applicant Versus

1) Ms Teena Saraswat Pandey Resolution Professional — Rajpal Abhikaran Pvt. Ltd.

387F 114 Scheme Part 1, Behind Diksha Boys Hostel Sant Nagar, Indore, Madhya Pradesh-45201.

2) Agarwal Real City Private Limited Successful Resolution Applicant Agarwal House, 2nd Floor, 5-

...Respondents Yeshwant Colony Y.N. Road, Indore, Madhya Pradesh India 452001 Coram:

Hon'ble Mr. Brajendra Mani Tripathi, Member (Judicial)

Hon'ble Mr. Man Mohan Gupta, Member (Technical)

Appearances:

Counsel for Applicant: Ms. Darshana Baghel, Advocate For the RP/respondent no. 1: Ms. Teena S. Pandey (RP in person)

Counsel for Respondent No.2: Mr. Praveen N. Surange, Adv.

ORDER DELIVERED ON: 14 .05.2026 INTRODUCTION AND FACTS OF CASE:

1. The present Interlocutory Application (I.A. (I.B.C)/368(MP)2024) has been filed by the Employees' Provident Fund Organization, Indore ("EPFO" / "Applicant") under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 ("IBC") read with Rule 11 of the National Company Law Tribunal Rules, 2016.

2. The reliefs prayed by applicant is as follows:

a. Allow the Applicant to intervene in the present case;

b. Allow the claim of the Applicant being an amount of Rs. 5,27,236 (Rs. Five Lacs Twenty-Seven Thousand Two Hundred Thirty-Six only) as per the claim dated 14.09.2021 filed by the Applicant to the Resolution Professional along with further interest as may be awarded, and the claim be considered as First charge over all other dues of the Financial Creditor/Corporate Debtor.

c. Direct the Respondent herein to consider the claim of the Applicant in priority as per the provision of IBC and EPF & MP Act, 1952 and Resolution Plan if approved be modified to include the claim of EPF;

d. Pending the hearing and final disposal of this Application the Respondents be directed to retain assets of the value of Rs.5,27,236/- (Rs. Five Lacs Twenty-Seven Thousand Two Hundred Thirty-Six only) and not to distribute the same to enable the payment of the claim of the Applicant;

e. the Successful Resolution Applicant (“SRA”) - Respondent No. 2 herein be directed to make amends in the Resolution Plan to provide for the claim of the Applicant or in the alternative, the SRA may be directed to settle the claim of the Applicant.

f. Interim and ad-interim reliefs in terms of prayer clause (a) to (d)

above;

g. Such other and further reliefs as this Hon’ble Court deem fit and proper;

3. The Corporate Debtor, M/s Rajpal Abhikaran Pvt. Ltd. ("CD"), is covered under the EPF Act bearing EPF Code No.MP/IND/12713. The Corporate Insolvency Resolution Process ("CIRP") was commenced against the CD vide Order dated 26.03.2021. Ms. Teena Saraswat Pandey (Respondent No.1) was appointed as Interim Resolution Professional and subsequently confirmed as Resolution Professional.

4. The Resolution Plan submitted by Respondent No.2 was approved by the Committee of Creditors ("CoC") on 1