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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 ..... ong with statutory interest and disburse the amount pertaining to provident fund to the EPFO payable to the Applicant No.5 and to include the admitted amount of gratuity outstanding interest in the Information Memorandum. 2. The application TIBA/03/KOB/2020 has been filed by M/s. RBL Bank Limited (hereinafter called as the Financial Creditor) against M/s. Hindustan Newsprint Limited (hereinafter called as the Corporate Debtor) and this Tribunal vide order dated 28.11.2019 admitted the application and Shri. Navneeth Vasudevan has been appointed as the Interim Resolution Professional. Thereafter Mr. Kumar Rajan was appointed as the Resolution Professional replacing the IRP and the CIRP is underway. 3. The Applicant Nos. 1 to 3 submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vague and unclear as there are no averments in the application regarding the amount claimed by the applicants and rejected by the Resolution Professional. 8. It is further submitted that applicants were also sought a direction to disburse the amount pertaining to pension, gratuity and provident fund along with statutory interest of third-parties, who are not parties to this application, but on the ground that they have filed various petitions before this. Tribunal and are pending for disposal. Such a relief sought by the applicants are not maintainable, which is an abuse of process of law and liable to be rejected. 9. It is also submitted that the applicants were sought di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... torium declared by this Tribunal. It is also stated that despite the order of this Tribunal, applicants have proceeded before the Labour Commissioner and committed contempt of the order of this Tribunal. The Applicants are also liable to punishment under Section 74(2) of the I&B Code for violating the provisions of Section 14 of the I&B Code. 11. However, the Resolution Professional has already admitted the interest on gratuity of all eligible claimants including the applicants till the insolvency commencement date i.e. 28.11.2019. Under Regulation 13 of IBBI (Insolvency Resolution Process for Corporate Persons) Regulation 2016 ('Regulations"), Resolution Professional shall verify and admit, if admissible, the claim as on the insolvenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 applicants and admitted by the Resolution Professional, the claims made by the above applicants with respect to Provident Fund have not been admitted. 16. This Tribunal heard the arguments advanced by the Learned Counsel for the applicants and the Learned counsel appearing for the Resolution Professional, and had also gone through the materials placed on record. In these circumstances, the decision dated 07.01.2020 of the Regional Labour Commissioner (Central) and Controlling Authority under the Payment of Gratuity Act, 1972, taken in the case of Shri A. M Mathew may be referred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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