Regional Provident Commissioner-I, ... vs G. Gunasekaran & Ors

Regional Provident Commissioner - I, Tirunelveli ...Appellant

Versus

G. Gunasekaran & Ors. ...Respondents

Present: For Appellant : Mr. Manish Dhir, Advocate

For 1st Respondent: Mr. Ravi Raghunath, Advocate & Mr. G. Gunasekaran, Liquidator

ORDER

05.09.2019 Learned counsel for the Respondent - 'Mr. G. Gunasekaran'

submits that the entire amount of Rs. 75,23,608.40 has been deposited with the

'Regional Provident Commissioner-I', Tirunelveli on 28th August, 2019. Learned

counsel for the Appellant accepted the same. Respondent may file compliance

report in the course of the day.

In view of the aforesaid position no further order is required to be passed

except to say that the Adjudicating Authority will decide as to which authority is

eligible to receive the amount of Rs. 75,23,608.40, which is now kept in the

custody of the 'Regional Provident Commissioner-I', Tirunelveli for the present.

Hence the matter is remitted to the Adjudicating Authority (National

Company Law Tribunal), Chennai to give hearing to the Appellant; the 'Regional

Provident Commissioner-I', Tirunelveli; Respondents including 'Employees State

Insurance Corporation' and other creditors and decide as to which

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Authority/creditor is entitled for the said amount uninfluenced by order passed

by the Adjudicating Authority or this Appellate Tribunal. It will be also open to

the aggrieved person to move against such order in appeal.

The appeal stands disposed of. No costs.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice A.I.S. Cheema ] Member (Judicial)

[ Kanthi Narahari ] Member (Technical) /ns/gc

Company Appeal (AT) (Insolvency) No. 311 of 2019