India’s Supreme Court says unadjudicated EPFO interest and damages can be left out of IBC resolution plans
India’s Supreme Court dismissed an appeal by the Employees’ Provident Fund Organisation (EPFO) and upheld a ruling backing an IBC resolution plan that excluded EPFO claims for interest under Section 7Q and damages under Section 14B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. EPFO had filed a total claim of Rs. 22,49,956 covering provident fund dues, interest and damages, but the Court noted the provident fund component was provided for under a plan approved by the Committee of Creditors with a 100% voting share and subsequently cleared by the Adjudicating Authority. The Court said that where interest and damages were not determined before the Corporate Insolvency Resolution Process began, they could be treated as contingent liabilities and need not be provided for, according to the judgment.