Regional Provident Fund Commissioner vs Vivek Raheja & Anr

Regional P.F. Commissioner ...Appellant

Versus

Vivek Raheja & Anr. ...Respondents

Present: For Appellant: Advocate B.B. Pradhan. For Respondent: Mr. Karan Kohli, Advocate for R-1 Mr. Abhishek Anand, Advocate for R-2

ORDER

19.04.2023: Heard Learned Counsel for the Appellant and Respondent-

RP.

2. This Appeal has been filed against the Order dated 25th January, 2023

by which order the Adjudicating Authority has approved the Resolution Plan.

3. The CIRP commenced against the Corporate Debtor on 01st March,

2019. The Publication was issued by the IRP on 07th March, 2019. The

Resolution Plan was approved by the Committee of Creditors on 17th January,

2020. The Appellant for the first time submitted its claim on 21.12.2021, by

that date the Resolution Professional already filed an application before the -2-

Adjudicating Authority for approval of the Resolution Plan which was

ultimately approved on 25th January, 2023.

4. Learned Counsel for the Appellant submits that IRP did not send any

communication regarding the claims which was submitted on 21.12.2021. On

08th December, 2022 it is informed that next date of hearing is 09th January,

2023. Learned Counsel for the Appellant submitted that RP never responded

about the claim of the Appellant.

5. Learned counsel for the RP submits that Appellant did not file the claim

within time and his claim was filed almost two years after the approval of the

plan by the Committee of Creditors on 17th January, 2020. The RP having

already filed the Application in the year 2020 for approval of the plan the claim

filed by the Appellant was beyond time and could not have been entertained.

Learned Counsel for the RP submits that Appellant never filed any application

before the Adjudicating Authority for seeking any direction for admission of

the claim whereas with regard to the claim of the EPFO, Gurgaon Office, the

claim has been filed and considered in the Resolution Plan.

6. Learned Counsel for the Appellant has lastly relied on affidavit filed by

the Resolution Applicant dated 30th December,2022. Learned Counsel for the

RP has explained that said affidavit was with regard to the claim of the EPFO

which was filed regarding the Gurgaon Office which was dealt with in the

Resolution Plan and the Affidavit of the Resolution Applicant filed for the

amount of EPFO shall be payable as per law till the date of imitation of CIRP.

Company Appeal (AT) (Insolvency) No. 429/2023 -3-

Said affidavit in no manner help the Appellant since the Affidavit can not be

read with regard to the Appellant.

7. The Appellant having not filed his claim within time, and the belated

claim filed was after approval of plan by the Committee of Creditors, we do not

find any ground to interfere with the order of the Adjudicating Authority

approving the resolution plan.

8. Since no ground has been made to interfere with the Impugned Order,

the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No. 429/2023