Employees Provident Fund Organization, Thru. Regional P.F. Commissioner - Ii v. Canbank Factors Limited
2025:BHC-OS:9185 30 ia2167-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIGINAL ORDINARY APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.2167 OF 2025 IN COMPANY PETITION NO.103 OF 2012 Employees Provident Fund Organization ...
Applicant.
In the matter between:
Canbank Factors Limited ...
Petitioner.
Versus
Office of Official Liquidator, Bombay High Court of Ankur Drugs Pharma Ltd.
...
Respondent.
----- Mr. Chetan Arvind Alai a/w. Varun Rajiv Joshi and Janvi Lad for Applicant. Ms. Apurva Thipsay, for Official Liquidator.
Mr. Satyajit Raul, Official Liquidator, present. Mr.Anil Bhagure, Deputy Official Liquidator, present. ----- Coram :
Sharmila U. Deshmukh, J.
Date :
June 20, 2025 P.C. :
1.
Interim Application has filed under Section 446(1) of the Companies Act, 1956 for leave to the Applicant to continue proceedings under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, "EPF Act") against the Company in liquidation under the applicable statutory provisions. 2.
Learned counsel appearing for the Official Liquidator submits that the necessary orders be passed in accordance with law. 3.
The Applicant in the present case is the Employees Provident sa_mandawgad 1 of
30 ia2167-25 Fund Organization and seeks leave to continue the proceedings under Section 7A of the EPF Act, which is for assessment of the contribution due from the company under liquidation towards the PF contributions. The same implies that there has been non-payment of the contribution which is the statutory duty which was cast upon the Directors of the company under liquidation. There is no reason to deny leave under Section 446 (1) of the Companies Act, 1956. 4.
In light of the above and having heard the learned counsel for the Applicant the leave is granted under Section 446(1) of the Companies Act, 1956 to continue the proceedings under Section 7A of the EPF Act against the company under liquidation. 5.
Interim Application is allowed.
[Sharmila U. Deshmukh, J.] sa_mandawgad 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 23/06/2025 14:33:28