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2022 (5) TMI 485 - Tri - Insolvency and BankruptcyMandatory injunction directing Respondent Nos. 1, 2 and 4 to take appropriate steps for de-freezing the ODCC account of the applicant maintained with HDFC Bank Limited - section 8-F of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 - HELD THAT:- After a lot of discussion on the demand and the liability of the Daaksh Jute Mill LLP and that of the Corporate Debtor, finally the Ld. Counsel for the applicant submitted that from the date Daaksh Jute Mill LLP came into possession, pursuant to lease in its favour, the amount of the employer and employee's contribution has already been paid. Since the total amount being claimed by the PF authorities Rs. 1,92,75,853/- includes the dues from 2004 onwards, the amount from 2004 till the date of the CIRP have already been claimed by the PF Authorities, who have submitted their claim with the liquidator. The Ld. Counsel for the Daaksh Jute Mill LLP, however, submitted that even though all the amounts relating to the employer and employees working with the Daaksh Jute Mill LLP have already been deposited with the authorities but even if there is anything pending in that regard that shall be deposited by Daaksh Jute Mill LLP and no liability will fall on the Corporate Debtor or for that matter on the liquidator. Since the amount claimed by PF Authorities, a major portion whereof is stated to have already been paid by Daaksh Jute Mill LLP, and the remaining amount has already been claimed by the PF Authorities by submitting their claim before the Liquidator, there is hardly anything left to be argued in this matter. In these circumstances, the prayer of the applicant in the IA 849/2022 is allowed in terms of the prayer made in the application. Application disposed off.
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