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2017 (4) TMI 630 - HC - Companies LawClaim made by the Regional Provident Fund Commissioner for employer's contribution as well as towards employees' contribution from the official liquidator - Held that:- Claim thus made by the Regional Provident Fund Commissioner for employer's contribution as well as towards employees' contribution from the official liquidator is totally untenable and is rightly rejected by the official liquidator. In my view, there is thus no substance in this demand of the Regional Provident Fund Commissioner against the official liquidator and is accordingly rejected. A perusal of Ann.1 to the affidavit dated 23rd February 2017 filed by the Regional Provident Fund Commissioner, Kandivali clearly indicates that the claim of the said office included claim towards the employees as well as employers share of provident fund in respect of 350 employees and also various other claims which were dealt with by the Official Liquidator and also by this court in this judgment. The learned Official Liquidator has rightly rejected some of the claims and has rightly adjudicated the claims in the sum of ₹ 5,54,64,810/- vide report dated 31st July, 2013 under Section 529A of the Companies Act, 1956 as against the claim of ₹ 20,60,61,287/-. A perusal of paragraph 8 of the said affidavit indicates that the Regional Provident Fund Commissioner, Kandivali has settled the provident fund claims along with pension/death claims as on 19th January 2017 in respect of 298 employees for an amount of ₹ 4,82,24,677/- and has only disbursed the said amount to the respective employees out of the amount of ₹ 6,67,57,281/- paid by the Official Liquidator to the Provident Fund Authorities as against the amount of ₹ 5,54,64,810/- which was adjudicated amount in the said report dated 31st July 2013. I am thus not inclined to accept the submission of Mr.Sureshkumar, learned counsel for the Regional Provident Fund Commissioner, Kandivali that excess amount of ₹ 5,05,057/- over and above the amount of ₹ 6,67,57,281/- is to be paid by the Department to the respective employees and establishment. The said statement made in paragraph 7 of the affidavit is contrary to the other paragraphs of the said affidavit and also contrary to the details furnished in Ann.2 to the said affidavit. In my view, it is thus clear that the Official Liquidator has made excess payment of ₹ 1,12,93,011/- to the Regional Provident Fund Commissioner, Kandivali which is liable to be refunded by the Regional Provident Fund Commissioner, Kandivali to the Official Liquidator. Therefore pass the following order :- (i) Official Liquidator' Report is made absolute in terms of prayer clause (a). (ii) Statement of the learned counsel for the Provident Fund Authorities that upon receipt of payment in terms of prayer clause (a) of the Official Liquidator's Report, the amount shall be disbursed amongst the employees in accordance with law expeditiously is accepted. The Provident Fund Authorities are directed to disburse the payment to the employees as stated aforesaid expeditiously. (iii) The official liquidator's report is made absolute in terms of prayer clause (b). Employees Provident Fund Office, Kandivali is directed to deposit the said amount with the official liquidator within four weeks from today.
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