Rakesh Jaysukhlal Sanghvi v. M/S Unique Drums And Container And Employee'S Provident Fund Commissioner Applicant

Chittewan 1/2 95(2) . nmis 33-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (INSOLVENCY) NO.33 OF 2018 IN INSOLVENCY PETITION NO.89 OF 2006 Employees Provident Fund Commissioner ...

Applicant In the matter between :

Rakesh Jyasukhlal Sanghvi ...

Petitioner

Versus

M/s Unique Drums & Container And Others ...

Respondents .....

Mr. Dalshit Jain a/w Anjali Shah i/b DSK Legal for the ApplicantPrime Securities Limited. Ms. Kavita Shah for the Respondent Official Assignee. A.P. Bagwe for the Petitioning Creditor.

Swapna Gokhale for Income Tax Applicant in Notice of Motion No.35 of 2019 Mr.Suresh Kumar for the Applicant in Notice of Motion No.33 of 2018.

.....

CORAM : S.C. GUPTE, J.

DATE : 4 FEBRUARY 2020 P.C. :

.

This Notice of Motion, taken out by Employees Provident Fund Commissioner, seeks to challenge an order passed by Official Assignee,

Chittewan 2/2 95(2) . nmis 33-18.doc rejecting the commissioner's claims under Section 14B and 7Q of the Employees Provident Fund Act. The claims were rejected on the ground that there was no order passed under Sections 14B or 7Q by Provident Fund Commissioner; so that the claims are still not crystallized. It is pointed out by the Applicant/Commissioner that orders have since been passed under Sections 14B and 7Q and that the claims can now be taken up for adjudication. The Notice of Motion is accordingly allowed by quashing and setting aside the impugned order of the Official Assignee to the extent the balance claim of Applicant Commissioner was rejected by Official Assignee and directing the Official Assignee to re-adjudicate the Applicant Commissioner's claims under Sections 14B and 7Q of the Employees Provident Fund Act. The Notice of Motion is disposed of accordingly. (S.C. GUPTE, J.) Rajesh V.

Chittewan Rajesh V. Chittewan Date: 2020.02.14 15:51:37 +0530