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Judgment
O R D E R
Per: Justice Rakesh Kumar Jain: (Oral)
03.12.2024: This appeal is directed against the order dated 29.05.2023 by which an appeal filed under Section 42 of the Code by the Regional Provident Fund Commissioner (RPF) has been dismissed.
In brief, the issue raised by the RPF is that the liquidator of the CD, namely, Hindustan Paper Corporation Limited had restricted the claim of the RPF to Rs.120.77 Cr. though the amount claimed was Rs. 386. 48 Crores. Thus, in the appeal filed under Section 42 of the Code, the following prayers were made:-
“a. Allow the instant appeal; b. Set aside the Letters dated 12.05.2022 and 24.05.2022 issued by the Respondent Liquidator rejecting the claim of the Appellant for PF dues beyond Rs: 120. 77 Crores; and
c. Direct the Respondent Liquidator to accept the entire claim of Rs. 386. 48 Crores made by the Appellant for the PF dues of the Corporate Debtor as detailed in its letter dated 31.01.2022."
The said appeal was dismissed by the Tribunal vide its impugned order dated 29.05.2023 and hence, the present appeal.
At the outset, Mr. Sibal, appearing on behalf of the Liquidator has submitted that he would recall both the letters dated 12.05.2022 and 24.05.2022 by which the claim set up by the RPF to the tune of 386. 48 Crores has been restricted to Rs. 120.77 Cr. and redecide the issue after taking into consideration the decisions of this Court rendered in CA (AT) (Ins) No. 174 of 2024 decided on 24.09.2024, CA (AT) (Ins) No. 582 of 2023 decided on 11.09.2024 and also CA (AT) (Ins) No. 1141 of 2023 decide on 10.07.2024. Mr. Sibal, has also submitted that besides the aforesaid three judgements, the RPF may also cite any other judgment which shall be also taken into consideration while redeciding its claim. He is candid to contend that the issue in this regard shall be decided within three weeks from the date of passing of this order.
In so far as the availability of the funds are concerned, it is submitted by Mr. Sibal that the law will take it own course in regard to the dues of the RPF.
In view of the aforesaid facts and circumstances, the appeal succeeds and the impugned order is hereby set aside.
The Liquidator is directed to reconsider the claim of the RPF, as undertaken, within a period of three weeks after taking into consideration the aforesaid judgments and any other judgments cited before it by the RPF. In the end, it is clarified that we have not made any observation on the merit of this case.