RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION Vs. OFFICIAL LIQUIDATOR OF BASERA CEMENT LTD. (IN LIQUIDATION)

JUDGEMENT

(1.) INSTANT company appeal has been filed under rule 164 of the Companies (Court) Rules, 1959 ("the Companies Rules") assailing the order dated May 12, 2009 (annexure 4) whereby the respondent (official liquidator) held their part claim inadmissible.

(2.) BEFORE examining the controversy raised herein, it will be relevant to observe that as regards the employer's contribution, preferential claim under section 530 of the Companies Act, 1956 ("the Companies Act") to the extent of Rs. 48,091 has been admitted; however, claim regarding damages determined under section 14B for a sum of Rs. 18,395 was not admitted on the ground that the claim after passing of the winding up order is not admissible under the Companies Act.

(3.) ADVERTISEMENT was published on July 10, 2007, inviting claims from creditors/workmen of the company on or before August 10, 2007, pursuant to which, the present appellant also filed claim on August 20, 2007, regarding the employer's contribution towards employees provident fund for the period (October, 1995 to March, 1998) dues for a sum of Rs. 48,091 besides damages claimed for the period from October, 1990 to February, 1996 amounting to Rs. 18,395. It has been informed by the respondent (official liquidator) that while the claims were invited, none of the workmen of the company in liquidation has submitted any claim; and it was either the secured creditors or the appellant -authority having submitted claims which were adjudicated by the respondent (official liquidator) under section 529A/530 of the Companies Act.