Regional P F Commissioner Ii Vashi vs Harish Kant Kaushik Resolution ...

IN THE MATTER OF: Regional PF Commissioner II Vashi ...Appellant(s)

Versus Harish Kant Kaushik Resolution Professional of Protocol Marine Service Ltd. ...Respondent(s)

Present: For Appellant : Mr. Gaurav Verma and Mr. Neeraj Ahirwar, Advocates.

For Respondent : Mr. Rakesh Gupta, Advocates for Liquidator. ORDER

(Hybrid Mode)

25.11.2025 Heard Ld. Counsel for the Appellant.

This appeal has been filed against an order dated 26.11.2024 passed

by NCLT, Court-I, Mumbai Bench in I.A. No. 5145 of 2024. Application was

filed by Regional Provident Fund Commissioner II praying for various reliefs

which has been noticed by the Adjudicating Authority in para 2 of the order.

Adjudicating Authority heard the parties and partly allowed the application

and the application was disposed of. The claim in so far as the payment of

damages and interest was not accepted. The appellant aggrieved by the said

order has come up in this appeal. The CIRP against the CD commenced on

07.10.2022 and was admitted to liquidation process on 04.10.2023. The claim

of the Appellant has been noticed in para 4 of the order, which is as follows:

Dues Period Amount Document Dues of January 2021 to 4,32,959/- EO Report Dated Provident December 2023 (up to 14/11/2023 Fund initiation of Liquidation i.e. 03/12/2023) Damages April 2011 to July 2019 1,79,928/- 14B Order dated u/s 14B on remittances 02/12/2019 RRC Dated 26/09/2020 July 2019 to December 1,82,824/- Order dated 2020 on remittances 05/02/2024 January 2021 to 1,47,052/- Statement November 2023 (date of enclose payment is assumed (calculated on before the date of receivable dues initiation of Liquidation for period) i.e. of 03/12/2023) Interest April 2011 to July 2019 93,330/- 7Q order dated u/s 7Q on remittances 02/12/2019 RRC Dated 26/09/2020 July 2019 to December 96,686/- Order dated 2020 on remittances 05/02/2024 January 2021 to 71,769/- Statement November 2023 (date of enclose payment is assumed (calculated on before the date of receivable dues initiation of Liquidation for period) i.e. 03/12/2023 Total 12,04,548/- 2 of 4

Adjudicating Authority has given reasons for not accepting the claim

pertaining to damages and interest in para-6, which is as follows:

"The claim of Rs. 1,82,824/- and Rs. 96,686/-, pertains to damages and interest demanded for delayed remittances for the period July, 2019 to December, 2020 and this Claim has been raised by order dt. 05.02.2024, passed by Regional PF Commissioner - II, Vashi. This Order has been passed after the commencement of Liquidation i.e. 04.12.2023. It is trite law that the claim of debt as on the Liquidation Commencement date has to be settled and no claim can arise from any Order passed after the Liquidation Commencement Date. Accordingly, the said claim is not permissible."

The perusal of the order indicates that order with respect to interests

and damages was passed on 05.02.2024 and the reasons given by the

Adjudicating Authority in para 6 cannot be faulted with for not accepting the

claim which arose after the liquidation commencement date. The issue raised

in this appeal is fully covered by CA (AT) (Ins.) No. 17 of 2025, EPFO Vs. CA

Pankaj Sah, decided on 03.09.2025.

We, thus, are of the view that no error has been committed by

Adjudicating Authority in partly allowing the claim of the Appellant. There is

no merit in the appeal.

3 of 4 The appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Abhishek/md

4 of 4