VASAN HEALTH CARE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been preferred as against the order passed by the 2 nd respondent in No.CHN-south/36534/Enf/Regl/Div-15/2023 dtd. 21/8/2023, wherein the 2 nd respondent herein passed order under Sec. 7A of the Employees Provident Fund and Miscellaneous Provisions Act (EPF and MP Act) in respect of the petitioner's establishment and determined dues for the period of June 2018 to May 2019. Aggrieved by the said order, the present writ petition has been filed.

(2.) The learned counsel for the petitioner would submit that the petitioner's company was taken over by the ASG Hospital Private Limited, Jodhpur, Rajasthan as successful resolution applicant in IA(IBC)/288(CHE)/2022 in CA/1/IB/2017 passed by the National Company Law Tribunal, Division Bench-I, Chennai under Sec. 30(6) & 31 of the Insolvency of Bankruptcy Code, 2016 (in short "IBC 2016") read with Regulation 39 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.

(3.) The learned counsel for the 2nd respondent would submit that the 2 nd respondent initiated proceedings as against the petitioner under sec. 7A of the EPF and MP Act for determining the dues for the period 06/2018 to 05/2019. After affording opportunity to the petitioner, the authority passed order by determining the contributions. At the time of admission in the CIRP proceedings stay was granted on 21/4/2017 by this court. Thereafter stay was vacated on 3/10/2019. The resolution plan was approved as per the proviso to clause 4 of Sec. 14 IBC. The defaulted amount Rs.7, 66, 47, 643.00 out of which Resolution of Professional has admitted Rs.4,50,68, 362.00 and for the remaining amount Rs.3, 15, 79, 281.00 they filed application before the NCLT and the same is pending in IA.No.1027 (CHE)/2022.