NCLT Chennai (2019.01.21) in The Regional Provident Fund Commissioner -1 vs. Karpagam Spinners Private Limited and Anr. [MA/99/2018 in TCP / 225 (IB)/2017 ] held that EPFO Dues won’t get any priority.
Excerpts of the order;
# 1. Under adjudication is MA/99/2018 filed in TCP/225(IB)/CB/2017. The application has been filed by the Applicant viz. The Regional Provident Fund Commissioner -1 with prayers as follows;
i. Accord first priority to EPFP dues over all other dues as envisaged in Section 11(2) of the EPF & MP Act, 1952……
Iv. Direct the RP to drop the categorization of EPFO dues under 53(1)(f) as ‘other remaining debts & dues’.
# 39 In light of the facts and circumstances and the legal position stated above, the verification and admission of the claim of the applicant viz. EPFO has correctly been recorded by the Liquidator vide his statement of verification, admission, rejection and determination of quantum of claim dated 23.04.2018. Therefore, the application filed by the applicant viz., EPFO is devoid of merits and stands rejected.
# 1. Under adjudication is MA/99/2018 filed in TCP/225(IB)/CB/2017. The application has been filed by the Applicant viz. The Regional Provident Fund Commissioner -1 with prayers as follows;
i. Accord first priority to EPFP dues over all other dues as envisaged in Section 11(2) of the EPF & MP Act, 1952……
Iv. Direct the RP to drop the categorization of EPFO dues under 53(1)(f) as ‘other remaining debts & dues’.
# 39 In light of the facts and circumstances and the legal position stated above, the verification and admission of the claim of the applicant viz. EPFO has correctly been recorded by the Liquidator vide his statement of verification, admission, rejection and determination of quantum of claim dated 23.04.2018. Therefore, the application filed by the applicant viz., EPFO is devoid of merits and stands rejected.
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