REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE PEENYA S(1) F, I CROSS I STAGE PEENYA BANGALORE-560058 Vs. M/S AUTOMAC (MYSORE) (P) LIMITED SINCE UNDER LIQUIDATION REPRESENTED BY OFFICIAL LIQUIDATOR HIG

JUDGEMENT

(1.) THOUGH the registry has rained certain objections, which were necessary to be complied by the learned counsel for applicant, considering the nature of disposal of the application, the application is taken up for consideration and disposed of by this order. The applicant herein, the Regional Provident Fund Commissioner is before this court seeking for a direction to the Official liquidator to disburse the sum of Rs. 95,952/ -, which according to the applicant is due on account of the unpaid provident fund due by the company in liquidation.

(2.) IN so far as the right to receive the said amount, the Hon'ble Supreme Court in the case of Maharashtra State Co -operative Bank Ltd. Vs. The Assistant Provident Fund Commissioner, AIR 2010 SC 868 has considered this aspect of the matter and has held that the provident fund due would have preference over other payment, which is contemplated under Section 529(A) of the Companies Act. In that view of the matter, the class made by the applicant herein would be sustainable. However, the question for consideration is as to the time and manner in which the amount should be made.