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2019 (10) TMI 1497 - Tri - Insolvency and BankruptcyLiabilities of dues against workers and employees and other liabilities - on whom the liability falls? - Whether the liabilities of workers and employees and other liabilities pertaining to Unit- I of the Corporate Debtor which had been sold under SARFAESI Act, 2002, prior to the CIRP commencement date are payable by the purchaser of Unit-1 or the same continue to be admissible against the Corporate Debtor? - HELD THAT:- The Respondent No. 2 is the appellant before the Hon'ble National Company Law Appellate Tribunal in his aforesaid Diary No. 2130/2019 dated 30.09.2019 has not filed the order of the Debt Recovery Tribunal, Jaipur dated 31.01.2019 which is the subject matter before the Hon'ble National Company Law Appellate Tribunal. This Tribunal already held that that this order has no relevance or legal bearing and in the light of this order while deciding this IA No. 32/2018, the said order of Debt Recovery Tribunal, Jaipur dated 31.01.2019 need not be considered at all. This fact, it appears that it was concealed from the knowledge of the Hon'ble National Company Law Appellate Tribunal by Respondent No. 2. In IA No. 178/JPR/2019, the said order of the Debt Recovery Tribunal, Jaipur dated 31.01.2019 in SA No.2212018 was filed and a perusal of the same depicts that the said order of Debt Recovery Tribunal has no bearing on the present issue connected with IA No. 32/60/JPR/2018. The Judgements and Annexures thereon clearly reveals that the Respondent No. 3 made it very clear to the Respondent No. 2 to acquire the Unit No. I of the Corporate Debtor on “AS IS WHERE IS BASIS, AS IS WHAT IS BASIS, WHATEVER TFDRE IS BASIS" which implies that it shall also acquire all the liabilities thereon - the Respondent No. 2 shall bear all the claims of the Respondent No. 1 and Respondent No. 5 - In the event any money which has been deducted towards statutory dues of EPF and is still lying with the corporate Debtor, the pp shall forthwith credit the same to the appropriate accounts of the concerned Authority. Application disposed off.
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