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Judgment
30.01.2026: I.A No. 7112 of 2025: This is an application praying for condonation of delay of 14 days in filing of the appeal. We find sufficient cause shown in para 2 of the application. Delay condoned.
Comp. App. (AT) (Ins) No. 1826 of 2025
This appeal has been filed by the Employees Provident Fund Organisation challenging the order dated 28.08.2025 passed by the Adjudicating Authority approving the resolution plan of the CD in I.A. Plan No.2/2025.
Ld. Counsel for the Appellant submits that the Appellant’s claim has already been partly accepted by the RP but no pay out has been provided for in the resolution plan which has been approved.
Ld. Counsel for the RP pointed out that in para 25 of the order itself it is provided that I.A No. 249 of 2025 which has been filed by EPFO the distribution of the plan has been made subject to the decision of the said application. It is submitted that in view of the aforesaid, the interest of the Appellant has been protected by the order itself.
Ld. Counsel for the Appellant has submitted that RP has written an email that no separate amount is ear marked by the CD for the purpose of due to workmen or employees from the provident fund, pension fund and gratuity fund.
We have considered the submissions of the parties and perused the record.
In para 25 of the impugned order, following direction has been passed by the Adjudicating Authority:-
“25.The Resolution Plan is approved subject to the following additional conditions:
•An IA is filed on 09.06.2025 by the Employees Provident Fund Organization and is pending for the Adjudication. The RP is directed to ensure that the pleadings are completed to enable this Tribunal to decide the application within a period of 60 days. The distribution of the Resolution Plan amount to the creditors will be subject to the decision on this Application filed by the EPFO.”
When the Adjudicating Authority itself has made the plan approval order subject to order passed in I.A filed on 09.06.2025 the Appellant’s entitlement has yet to be finalised in the said I.A and distribution in the plan shall abide by the decision taken by the Adjudicating Authority in I.A No. 249 of 2025.
We thus are of the view that as on date no issue needs to be decided in this appeal. The appeal is disposed of clarifying that the entitlement of the Appellant shall be dependent on the order passed in I.A No. 249 of 2025 and distribution shall be made subsequent to the decision in I.A No. 249 of 2025.
Both the parties may request the Adjudicating Authority to dispose of the application expeditiously.