National Company Law Appellate Tribunal
The Regional Pf Commissioner vs M/S.Easun Reyrolle Limited on 6 February, 2025
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
AT CHENNAI
(APPELLATE JURISDICTION)
Company Appeal (AT) (CH) (INS) No. 23 / 2025
(IA No. 105 / 2025)
In the matter of:
The Regional PF Commissioner,
Employees' Provident Fund Organisation,
Regional Office, Thalavaipatti,
Salem Steel Plant Road, Next to Aavin Milk Diary,
Salem-636302 ... Appellant
V
1). Mahalingam Sureshkumar,
Liquidator of M/s. Easun Reyrolle Limited,
M/s. SPP & Co., Chartered Accountants,
Second Floor, CODISSIA Building,
G. D. Naidu Towers, Huzur Road,
Coimbatore, Tamilnadu - 641018
2) The Branch Manager,
ICICI Bank Limited,
GSN Arcade,
Beside Vemala Kalyana Mandapam,
Hosur-635109. Krishnagiri District,
Tamilnadu ... Respondents s
Present :
For Appellant : Mr. PK. Panneer Selvam, Advocate
For Respondents : Mr. AG. Sathyanarayana, Advocate for R1/Liquidator
ORDER
(Hybrid Mode) Comp. App (AT) (CH) (INS) No. 23/2025 Page 1 of 3 06.02.2025:
Oral Judgment : Justice Sharad Kumar Sharma, Member (Judicial):
1. In brief the controversy, which arises for consideration in the instant Company Appeal is the following:
The Respondent No. 1 to the Appeal had preferred an Application in IA (IBC) / 203 (CHE) / 2021, before the learned Adjudicating Authority, by invocation of the provisions contained under Section 60 (5), 25 (2) (b) & 14 of the I & B Code, 2016, to be read with Rule 11 of the NCLT Rules, 2016. The relief which has been modulated by Respondent No. 1 before the learned Adjudicating Authority was for issue of a direction to the Appellant herein to credit a sum of Rs.19,21,608.71/- with accrued interest on it to the Current Account of the Corporate Debtor. The learned Adjudicating Authority after considering the rival contentions had ultimately come to the conclusion in its order dated 13.12.2024 that, owing to the implications of Section 14 as recorded in Para 34 to 36 of the Impugned Order, it would meet the ends of justice, if the Appellant herein, the Respondent No. 1 in the Application i.e. IA (IBC) / 203 (CHE) / 2021 is given liberty to file a fresh claim before the Liquidator of the Corporate Debtor, for the amount it considers as due to him under the EPF & MP Act, 1952 and if the Liquidator is directed to reconsider such claim on merits. Comp. App (AT) (CH) (INS) No. 23/2025 Page 2 of 3
2. We are not elaborately venturing on this issue, as the nature of the Impugned Order of 13.12.2024, is almost akin to the nature of an Interlocutory Order, since being an order of remand of the issue in contention for reconsideration by the Liquidator, where the Liquidator is yet to take a call on the claim. Thus, the said Impugned Order will not be falling within the domain of the literal meaning of the ``Order'' as envisaged under Section 61 of the I & B Code, 2016, to make the order appealable. Having said so, while not venturing on merits of this Appeal, we dispose of the instant Appeal observing thereof that, when the Liquidator is taking a call on the claim to be raised before him in pursuance to the direction issued in Para 37 of the Impugned Order, it is hoped and trusted that the Liquidator will decide the claim afresh, independently without being influenced by any observations which is being made in the Impugned Order under challenge.
3. Accordingly, the instant Company Appeal (AT) (CH) (INS) No. 23 / 2025 would stand closed. Connected pending Interlocutory Applications, if any, would too stand closed.
[Justice Sharad Kumar Sharma] Member (Judicial) [Jatindranath Swain] Member (Technical) SR/TM/MS Comp. App (AT) (CH) (INS) No. 23/2025 Page 3 of 3