National Company Law Appellate Tribunal, New Delhi: In the present case, a company appeal was filed by the Regional P.F. Commissioner, Employees Provident Fund Organization (‘Appellant’), challenging the impugned order passed by the National Company Law Tribunal, Ahmedabad (‘Adjudicating Authority’), which had rejected an interim application seeking directions to release the payment of Provident Fund dues in light of Section 36(4)(a)(iii) of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) read with Section 11 and 17B of the Employees Provident Funds and [Miscellaneous Provisions] Act, 1952 (‘EPF Act’). The Bench of Ashok Bhushan, J. (Chairperson) and Barun Mitra (Technical Member), dismissed the appeal, stating that as…
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