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2021 (3) TMI 109 - NATIONAL COMPANY LAW TRIBUNAL , KOCHI BENCHSeeking appropriate directions for dealing with the claim of EPFO department - discharging duties of Liquidator - Section 35 (1) (n) and 60 (5) of I&B Code, 2016 - HELD THAT:- From the reading of provisions under Section 7A, 7Q and 14 B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, it is clear that the contribution, interest and damages payable are statutory dues and not claims which can be submitted to the Liquidator in Form G. Hence the EPFO need not file Form G before the Liquidator. It is also seen that the EPFO has got first charge over the Assets of the defaulter and its priority of payment over other debts is as per Section 11 of the EPF &MP Act 1952. The Liquidator is directed to consider the Claims of EPFO made by them vide Annexure A III dated 6th May 2020 and Annexure V dated 12th June 2020 in which the amount due from M/s. Achariya Techno Solutions Private Limited for the period up to June 2018 has been indicated, while determining the amount payable to the stakeholders in this matter. Application disposed off.
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