Employees Provident Fund Organization, Thru. Regional P.F. Commissioner - II v. Canbank Factors Limited

Bombay HC20 Jun 2025IA/2167/2025

Case brief

AI extract

What is this about?

Keywords: Section 446(1) Companies Act 1956; Section 7A EPF & MP Act 1952; leave to continue proceedings against company in liquidation; provident fund contribution assessment; statutory duty of Directors; Official Liquidator Bombay High Court; Ankur Drugs Pharma Ltd.; Canbank Factors Limited; winding up; Commercial Division Bombay; neutral citation 2025:BHC-OS:9185.

What did the court decide?

Leave granted to the Employees Provident Fund Organization under Section 446(1) of the Companies Act, 1956 to continue proceedings under Section 7A of the EPF Act against the company under liquidation (Ankur Drugs Pharma Ltd.). ¶¶18

Employees Provident Fund Organization, Thru. Regional… — Company and Corporate | Bombay HC (2025)

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2025:BHC-OS:9185

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30 ia2167-25

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL ORDINARY APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION

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INTERIM APPLICATION NO.2167 OF 2025 IN

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COMPANY PETITION NO.103 OF 2012

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Employees Provident Fund Organization	... Applicant.
*In the matter between:*
Canbank Factors Limited	... Petitioner.
*Versus*
Office of Official Liquidator, Bombay
High Court of Ankur Drugs Pharma Ltd.	... Respondent.

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Mr. Chetan Arvind Alai a/w. Varun Rajiv Joshi and Janvi Lad for Applicant. Ms. Apurva Thipsay, for Official Liquidator. Mr. Satyajit Raul, Official Liquidator, present. Mr.Anil Bhagure, Deputy Official Liquidator, present.

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Coram : Sharmila U. Deshmukh, J. Date : June 20, 2025

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P.C. :

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1. Interim Application has filed under Section 446(1) of the Companies Act, 1956 for leave to the Applicant to continue proceedings under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short, “EPF Act”) against the Company in liquidation under the applicable statutory provisions.

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2. Learned counsel appearing for the Official Liquidator submits that the necessary orders be passed in accordance with law.

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3. The Applicant in the present case is the Employees Provident

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sa_mandawgad

30 ia2167-25

Fund Organization and seeks leave to continue the proceedings under Section 7A of the EPF Act, which is for assessment of the contribution due from the company under liquidation towards the PF contributions. The same implies that there has been non-payment of the contribution which is the statutory duty which was cast upon the Directors of the company under liquidation. There is no reason to deny leave under Section 446 (1) of the Companies Act, 1956.

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4. In light of the above and having heard the learned counsel for the Applicant the leave is granted under Section 446(1) of the Companies Act, 1956 to continue the proceedings under Section 7A of the EPF Act against the company under liquidation.

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5. Interim Application is allowed.

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[Sharmila U. Deshmukh, J.]

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sa_mandawgad

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Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 23/06/2025 14:33:28

Employees Provident Fund Organization, Thru. Regional P.F. Commissioner - II v. Canbank Factors Limited

Case brief

What is this about?

What did the court decide?

Employees Provident Fund Organization, Thru. Regional P.F. Commissioner - II v. Canbank Factors Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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