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TMI Blog2021 (3) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... O has got first charge over the Assets of the defaulter and its priority of payment over other debts is as per Section 11 of the EPF MP Act 1952. The Liquidator is directed to consider the Claims of EPFO made by them vide Annexure A III dated 6th May 2020 and Annexure V dated 12th June 2020 in which the amount due from M/s. Achariya Techno Solutions Private Limited for the period up to June 2018 has been indicated, while determining the amount payable to the stakeholders in this matter. Application disposed off. - I.A/176/KOB/2020 In MA/05/KOB/2020 in TIBA/01/KOB/2019 - - - Dated:- 18-2-2021 - Hon ble Shri Ashok Kumar Borah, Member (Judicial) For the Liquidator : Liquidator in person For the Respondent : Mr.A.Rajasimhan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o intimation has been received till date. 4. The Liquidator further stated that he has received claims of Provident Fund dues from the employees of the Corporate Debtor along with their salary dues, which amounts to ₹ 73,83,186/-. Besides that, the Liquidator has also received claims from the Operational Creditor ₹ 1,97,86,039, Unsecured Financial Creditors of ₹ 1,00,56,824.57 and statutory Authorities (without EPF dues) amounting to ₹ 1,08,49,474/-. 5. When the application was filed the Liquidator did not make the EPFO authorities as party to the application. Hence, the Liquidator was directed file an IA making EPFO as a party in this IA. Hence, the Liquidator filed MA/197/KOB/2020 to implead the EPFO as addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spectively can be ascertained. The defaulted statement has already been communicated to the Liquidator in Annexure III and V. Hence the Respondent prayed for dismissal of the Application. 9. I have heard the Learned Liquidator and had gone through the documents produced by the Liquidator and the reply of Respondent. I have also gone through the provisions under Section 7A, 7Q and 14 B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 relied on by the Respondent, which is quoted as under: - 7A. Determination of moneys due from employers. -2 [(1) The Central Provident Fund Commissioner, any Additional Central Provident Fund Commissioner, any Deputy Provident Fund Commissioner, any Regional Provident Fund Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eport or return when called upon to do so, the officer conducting the inquiry may decide the applicability of the Act or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record.] 7 [(4) Where an order under sub-section (1) is passed against an employer ex parte, he may, within three months from the date of communication of such order, apply to the officer for setting aside such order and if he satisfies the officer that the show cause notice was not duly served or that he was prevented by any sufficient cause from appearing when the inquiry was held, the officer shall make an order setting aside his earlier order and shall appoint a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exceeding the amount of arrears, as may be specified in the Scheme:] [Provided that before levying and recovering such damages, the employer shall be given a reasonable opportunity of being heard]: [Provided further that the Central Board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985, subject to such terms and conditions as may be specified in the Scheme.] 10. From a reading of the above Sections, it is clear that the contribution, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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