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2021 (12) TMI 1372

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..... of delay was either reasonable or satisfactory. Further, in the present case the Applicant is not even aware whether the Company is under Liquidation or under the CIRP. In any case, the insurmountable delay of nearly 936 days cannot be condoned at this belated stage. Application dismissed. - IA/442/CHE/2021 in TCP/413/IB/CB/2017 - - - Dated:- 17-12-2021 - R. SUCHARITHA, MEMBER (JUDICIAL) AND SAMEER KAKAR, MEMBER (TECHNICAL) For Applicant : Mr. M.Palanimuthu, Advocate For Respondent : Mr. K. Moorthy, Advocate ORDER Per: SAMEER KAKAR, MEMBER (TECHNICAL) IA/442/2021 has been filed by the Regional Provident Fund Commissioner-Il (Legal) against the RP Liquidator of Titanium Tantalum Products Limited (Corpora .....

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..... S.No. PARTICULARS Nos CLAIMED ADMITTED 1 Operational Creditors 18 17,90,77,608 8,11 88860 2 Financial Creditor 1 90,58,03,723 90,58,03,723 3 Workmen Employees 148 7,74,53,925 4,57,09,802 4 Workmen employees (Representation) 44 3,79,97,732 20,95,981 5 Other creditors 1 6,7 .....

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..... iquidation period and submitting their claims belatedly during the very end of the Liquidation period is nothing but an attempt to suppress their negligence of not filing their claims within the stipulated time, i.e., on or before 14.07.2018 as published for by the Respondent. 9. It is also submitted that on 20.09.2019 i.e., after the commencement of the liquidation PF Department has filed Form-F (applicable to CIRP) which was rejected by the Ld. Liquidator. Form-G was filed only on 02.02.2021 i.e., after a delay of 934 days. 10. We have gone through the rival contentions of both the parties and observed that the EPFO Department has not followed the due process as prescribed under the IBC, 2016. The Supreme Court in the matter of P.K. .....

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