Authority: National Company Law Tribunal Special Bench, Court – II Chennai
Order Date: 14.07.2026
Case Overview
The Assistant Provident Fund Commissioner (Applicant/EPFO) filed an application (IA(I.B.C)/300(CHE)2026) under Section 42 of the Insolvency and Bankruptcy Code, 2016, against M/s. Ultra Tile Pvt Ltd (Respondent) in the matter of CP(IB)/1263/2019. The application was heard by a bench comprising Shri. Sanjiv Jain, Member (Judicial) and Shri. Ravichandran Ramasamy, Member (Technical). The Applicant was represented by counsel Mr. Krishna Dath, and the Respondent/Liquidator was represented by counsel Mr. Saai Sudharshan.
The application sought to submit a claim for provident fund dues in the ongoing liquidation process of Ultra Tile Pvt Ltd. During the hearing, the Applicant's counsel, on instructions, restricted the claim specifically to dues under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (7A dues). The primary issue for the tribunal's consideration was the delay in filing this claim.
The tribunal perused the submissions and noted that the Liquidator had no substantial objections to the claim itself, apart from its delayed submission. The tribunal emphasized the nature of the claim, pertaining to employee welfare under a social security legislation, and noted the presence of some balance in the liquidation estate account.
Final Outcome
The National Company Law Tribunal allowed the application. The delay in filing the claim was condoned. The EPFO's claim was admitted, but strictly restricted to the dues under Section 7A of the EPF Act. The application was disposed of accordingly.
Topics: Insolvency, Employee Provident Fund, NCLT Order