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TMI Blog2020 (12) TMI 1106X X X X Extracts X X X X X X X X Extracts X X X X ..... itted by the Resolution Professional, the claims made by the above applicants with respect to Provident Fund have not been admitted. Since, the Resolution Professional stated that he has admitted the interest on gratuity of the applicants till the Insolvency commencement date i.e. on 28.11.2019 from the date of retirement of the applicants and already included the admitted claims in the Information Memorandum, and since the EPF authorities have already filed their claim pertaining to the PF dues of the applicants and admitted by the Resolution Professional, nothing survives for further consideration in this application. Noting the submission of the Learned Resolution Professional, this application No. MA/173/KOB/2020 in TIBA/03/KOB/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is also submitted that in the case of Applicant No. 4 retiree, Mr. Govinda Raj S. (Employee Code. 1806) and Applicant No. 5, Mr. Vinod C.G. (Employee Code. 2316) the claim of provident fund has been wrongfully rejected by the Resolution Professional. It is also stated that a representation was made to the Resolution Professional in regard to their entitlement for the claims on pension, provident fund and gratuity which do not forming part of the liquidation estate u/s. 36 (4) (a) (iii) of the I B Code. 5. The Resolution Professional in reply to the application stated that on 28.11.2019 this Tribunal declared moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 prohibiting the institution and continuation of any proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is also not maintainable under the I B Code 2016. The Applicants have no right to seek a direction from this Tribunal to disburse any amount to the creditors during the Corporate Insolvency Resolution Process, which is against the moratorium declared by this Tribunal under Section 14 of the IBC. It is also submitted that any distribution of asset and payment to the creditors shall be in accordance with the Resolution Plan, if any, approved by this Tribunal under Section 31 of the I B Code or under Section 53 of the I B Code in the event of liquidation. 10. It is the further contention of the Resolution Professional stated that the applicants have relied on the order passed by the Regional Labour Commissioner in support of the applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sl. No. Name of Employee with Principal Interest Total Total admitted Total Rejected Gratuity admitted Interest Employee Code claim claim 1 Sojan George (1209) 32,42,287 32,42,287 22,90,096 9,52,191 16,33,493 81,003 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sojan George (1209) 7,07,492 0 22,90,096 2 A M Mathew (1670) 2,44,302 0 11,68,055 3 Varghese Paul (1618) 8,29,920 0 30,41,217 4 Govinda Raj S (1806) 2,33,748 0 4,28,284 5 Vinod C G (2316) 7,30,592 0 22,77,350 15. Since the EPF authorities have already filed their claim pertaining to the PF dues of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st towards the delay involved as under Sect. 7 (3A) of the Payment of Gratuity Act @10% on the amount ascertained above from 01.12. 2017 to the actual date of payment of gratuity. 17. Since, the Resolution Professional stated that he has admitted the interest on gratuity of the applicants till the Insolvency commencement date i.e. on 28.11.2019 from the date of retirement of the applicants and already included the admitted claims in the Information Memorandum, and since the EPF authorities have already filed their claim pertaining to the PF dues of the applicants and admitted by the Resolution Professional, nothing survives for further consideration in this application. 18. Noting the submission of the Learned Resolution Professiona ..... X X X X Extracts X X X X X X X X Extracts X X X X
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