Bombay High Court
Murli Industries Limited, ... vs Union Of India, Thr. Secretary, ... on 10 February, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL WRIT PETITION NO. 693 OF 2022
Murli Industries Limited, Village-Naranda
-Vs-
Union of India, through it's Secretary, Ministry of Labour and Employment, and anr.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.M.G.Bhangade Senior Advocate a/b Mr.Sarda counsel for the
petitioner.
Mr.N.S.Deshpande, ASGI for respondent No.1.
Mr.R.S.Sundaram counsel for respondent No.2.
CORAM : SUNIL B.SHUKRE &
ANIL L. PANSARE, JJ.
DATE : 10.02.2022.
1. Hearing was conducted through Video
Conferencing and all the learned Advocates agreed that
the audio and visual quality was proper.
2. Heard Shri. M.G.Bhangde, learned Senior
Advocate for the petitioner, Shri. N.S.Deshpande, learned
ASGI for respondent No.1 and Shri. R.S. Sundaram,
learned counsel for respondent No.2, both of whom
appeared by waiving notice.
3. Upon hearing learned Senior Advocate for the
petitioner, we find that this petition, involves an issue
regarding the jurisdiction of the EPF Authorities to
proceed against the company for realisation of the dues
of the provident fund after the resolution plan has been
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approved and acted upon and when before approval of
the resolution plan as per the provisions of the
Insolvency and Bankruptcy Code, 2016 no claim for
realization of these dues was lodged lost by the EPF
Authorities. The next contention is that the issue so
involved in the petition is squarely covered by the law
laid down in the Hon'ble Apex Court in the case of
Ghanshyam Mishra and Sons Pvt.Ltd V.Edelweiss Assets
Reconsturuction Company Ptvt. Ltd. and ors. reported
in 2021(9) SCC 657.
4. Learned Senior Advocate, submits that the law
was duly brought to the notice of the respondent No.2
but to no effect and it was also informed on 18.01.2022,
which is subsequent to the passing of the order rejecting
representation of the petitioner, that the law laid down in
Ghanshyam Mishra and Sons Pvt.Ltd V.Edelweiss Assets
Reconstruction Company Ptvt. Ltd. and ors. (supra)
had been followed by this Court in it's judgment recently
delivered, again to no effect.
5. Learned counsel for respondent No.2, submits
that this petition is not maintainable on following counts:
(i) There is an alternate remedy in the
nature of appeal under Section 7(i) of the Employees
Provident Fund Act.
(ii) The EPF Authorities are not
covered by the provisions of the Insolvency and
Bankruptcy Code, 2016 and therefore, approval of the
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resolution plan thereunder would have no impact
whatsoever on the power of the EPF Authoritities to
recover the dues on account of the provident fund
(iii) In any case, the petition would lie before
a Bench presided over by a learned Single Judge.
6. These issues including the issue of
maintainability of the petition would have to be
considered at length. We, therefore, issue notice to the
respondents on all these issues, returnable after two
weeks.
7. Learned ASGI and Mr.Sundaram, learned
counsel has already waived notice on behalf of the
respondent Nos.1 and 2 respectively.
8. Meanwhile, we direct that no coercive action be
taken against the petitioner as regards the realization of
the EPF dues till next date.
(ANIL L.PANSARE, J) (SUNIL B. SHUKRE,J)
Signed By:KAVITA PRAVIN
TAYADE
P. A.
Signing Date:10.02.2022 17:32
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