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Employees+Provident+Fund+Organization+Vs +Fanendra+Harakchand+Munot+&+Anr +-+25 08 2023+Supreme+Court

The Supreme Court of India dismissed the appeal by the Employees Provident Fund Organization (EPFO) against Fanendra Harakchand Munot, emphasizing the need for EPFO to comply with timelines under the Insolvency and Bankruptcy Code. The Court highlighted potential legal consequences for non-compliance and stated that action should be taken against any erring employees. The impugned judgment does not affect EPFO's rights to proceed according to law.

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6 views3 pages

Employees+Provident+Fund+Organization+Vs +Fanendra+Harakchand+Munot+&+Anr +-+25 08 2023+Supreme+Court

The Supreme Court of India dismissed the appeal by the Employees Provident Fund Organization (EPFO) against Fanendra Harakchand Munot, emphasizing the need for EPFO to comply with timelines under the Insolvency and Bankruptcy Code. The Court highlighted potential legal consequences for non-compliance and stated that action should be taken against any erring employees. The impugned judgment does not affect EPFO's rights to proceed according to law.

Uploaded by

edju93143
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Case Citation: (2023) ibclaw.

in 97 SC
1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2023


(@ Diary No. 25286 of 2023)

EMPLOYEES PROVIDENT FUND ORGANIZATION APPELLANT

VERSUS

FANENDRA HARAKCHAND MUNOT & ANR. RESPONDENTS

O R D E R

Delay condoned.

Having heard the learned counsel for the appellant –

Employees Provident Fund Organization1, we are of the view that

the Commissioner and employees of the EPFO must take steps to

ensure that there is compliance with the timelines provided

under the Insolvency and Bankruptcy Code, 20162. Failure may

have legal consequences. The employees of the EPFO must be

aware of the consequences in order to ensure compliance. In

case there is dereliction of duty, action should be taken

against erring employees in accordance with law.

Having said so, we are of the opinion that the impugned

judgment does not, in any way, affect the rights of the EPFO to

proceed in accordance with law, in view of Section 36(4)(a)

(iii) of the IBC.


Signature Not Verified

Digitally signed by
Deepak Guglani
Date: 2023.08.28
17:15:21 IST
Reason: Recording the aforesaid, we do not find any good ground and

1 For short, “EPFO”.


2 For short, “IBC”.

IBC Laws| www.ibclaw.in


Case Citation: (2023) ibclaw.in 97 SC
2

reason to interfere with the conclusion(s) reached in the

impugned judgment and hence, not inclined to issue notice.

The appeal is dismissed.

Pending application(s), if any, shall stand disposed of.

..................J.
(SANJIV KHANNA)

..................J.
(S.V.N. BHATTI)
NEW DELHI;
AUGUST 25, 2023.

IBC Laws| www.ibclaw.in


Case Citation: (2023) ibclaw.in 97 SC
3

ITEM NO.26 COURT NO.3 SECTION XVII

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No. 25286/2023

(Arising out of impugned final judgment and order dated 19-04-2023


in CAAT(I) No. 427/2023 passed by the National Company Law
Appellate Tribunal)

EMPLOYEES PROVIDENT FUND ORGANIZATION APPELLANT

VERSUS

FANENDRA HARAKCHAND MUNOT & ANR. RESPONDENTS

(FOR ADMISSION and IA No.162452/2023-EX-PARTE STAY and IA


No.162450/2023-CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS)

Date : 25-08-2023 This matter was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE S.V.N. BHATTI

For Appellant(s)
Ms. Archana Pathak Dave, AOR
Mr. Kumar Prashant, Adv.
Mr. Avnish Dave, Adv.
Mr. Vaibhav Dwivedi, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following


O R D E R

Delay condoned.

The appeal is dismissed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (R.S. NARAYANAN)


AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)

IBC Laws| www.ibclaw.in

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