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Madras High CourtCOMP.A/126/2022allowed

Official Liquidator v. Nill

2022-10-14Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

Comp.A.No.126 of 2022 Comp.A.No.126 of 2022 in C.P.No.151 of 2013 SENTHILKUMAR RAMAMOORTHY, J.

The Official Liquidator seeks leave to declare and disburse dividend in respect of the claim lodged by the Employees Provident Fund Organization (the EPFO).

2. In support of the application, a report dated 01.04.2022 is placed before the Court. In the said report, the Official Liquidator stated that 134 claims from workmen were adjudicated and that the settled list of creditors would be filed after completing the adjudication of the remaining 22 claims.

3. As regards the claim made by the EPFO, it is stated that a claim of Rs.1,87,09,057/- was made and the claim was admitted to the extent of Rs.1,16,18,075/-. The claim of Rs.70,90,982/- towards interest / penalties / damages was rejected. In respect thereof, Form - 69 was issued to the EPFO on 18.03.2022.

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Comp.A.No.126 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

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4. The Official Liquidator states that the company in liquidation has funds of Rs.1,95,94,333/- as of 18.03.2022 and that the funds are sufficient to declare and disburse dividend at 100 paise in a rupee with regard to the admitted claim of EPFO.

5. Upon examining the report and taking note of the admitted claim of Rs.1,16,18,075/- and the funds position, this application is liable to be allowed.

6. Accordingly, this application is allowed by granting the reliefs prayed for as clause (b) to (f) of the Judge's summons. 14.10.2022 rna Comp.A.No.126 of 2022 in C.P.No.151 of 2013 2/2 https://www.mhc.tn.gov.in/judis