IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH

[Through Physical hearing/VC Mode (Hybrid)]

ITEM No.03

I.A.Nos.253/2024, 53/2026 and 09/2026 in

C.P. (IB) No.198/BB/2020

IN THE MATTER OF:

M/s. Vinay Bangalore Srinivas Murthy … Petitioner

Vs.

M/s. Antal Infotech Pvt. Ltd. … Respondent

Petition under Section 10 of IBC, 2016

1. Heard Ld. Counsels for the parties.

2. I.A.No.253/2024 is dismissed vide separate Order.

I.A. No. (Liq.) (P.R.) No.53/2026: is the 19th Progress Report of ongoing Liquidation of Corporate Debtor for the period from 01.01.2026 to 31.01.2026. We have been taken through them, and Application is taken on record. The I.A. is accordingly, disposed of.

I.A. (Dis.) No.09/2026 is disposed of vide separate Order. File be Consigned to record room.

CORAM:

SHRI SUNIL KUMAR AGGARWAL

HON’BLE MEMBER (JUDICIAL)

SHRI RADHAKRISHNA SREEPADA

HON’BLE MEMBER (TECHNICAL)

COUNSELS PRESENT:

The Liquidator : Shri Ganesh Panduranga Pai

ORDER

Per RADHAKRISHNA SREEPADA, Member(Technical):

1. The present Application is filed by the Regional Provident Fund Commissioner – II, Employees Provident Fund Organisation, Bengaluru, under Section 42 read with Section 60(5) of the Insolvency and Bankruptcy Code, 2016(“code/IBC”), on 08.01.2024 assailing the decision of the Liquidator dated 12.12.2023, whereby the claim of the Applicant was partly rejected. The applicant has filed the instant application with the following prayer:

i. To set aside the decision of the Liquidator, rejecting the claim of the Applicant vide communication dated 12/12/2023, partially rejecting claim amount of Rs.38,85,792/- (Rupees Thirty-Eight Lakhs Eighty-Five Thousand Seven Hundred and Ninety-Two only) made by the Applicant.

ii. To issue appropriate direction to the Liquidator, to accept the Claim amount of Rs.38,85,792/- (Rupees Thirty-Eight Lakhs Eighty-Five Thousand Seven Hundred and Ninety-Two only) made by the Applicant on 10/12/2021 including the Penal Damages of Rs. 25,113/- and Rs. 15,515/-Interests levied PF dues of Rs.48,029/- paid on 24/12/2021.

iii. To issue appropriate direction to the Liquidator to accept the Claim amount of Rs. 40,628/- (Rupees Forty Thousand Six Hundred and Twenty-Eight Only) towards the Penal Damages of Rs.25,113/-and Interest of Rs.15,515/- levied on PF due of Rs.48,029/- paid on 24/12/2021 which is neither rejected nor accepted in the order dated 17/10/2023 / 12/12/2023.

iv. To pass such other order/direction as it deems fit and proper in the facts and circumstances of the case.

2. Brief Facts of the case stated in support of the Application are as follows:

i. The Applicant submits that the Corporate Debtor (CD), M/s Antal Infotech Private Limited, is a covered establishment under the EPF & MP Act, 1952 and had defaulted in payment of statutory provident fund dues. The Applicant states that penal damages under Section 14B and interest under Section 7Q were determined for the relevant periods and demand notices were issued to the CD.

ii. It is submitted that upon learning that the CD had entered liquidation pursuant to public announcement dated 09.12.2020, the Applicant lodged a claim before the Liquidator in March 2021 for statutory dues, including damages and interest, and also requested reservation of funds for future determination of dues.

iii. The Applicant further submits that an enquiry under Section 7A of the EPF Act was conducted and an order dated 08.11.2021 determined provident fund dues for the period March 2020 till closure. According to the Applicant, partial payments were made by the CD, leaving a balance along with further statutory liabilities towards damages and interest.

iv. It is stated that the Liquidator initially rejected the claim in December 2021 on technical grounds including delay and format of submission. The Applicant challenged the rejection before this Tribunal in I.A. No. 30/2022, which was allowed on 15.09.2023, condoning the delay and directing reconsideration of the claim.

v. Pursuant thereto, the Liquidator,