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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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High Court of Karnataka Quashes Arbitration Proceedings in Chit Fund Dispute for Lack of Jurisdiction. Arbitration Clause in Chit Fund Agreement Not Binding as Chit Fund Act Overrides Arbitration and Conciliation Act.

The petitioner, Sri H.B. Shivakumar, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash arbitration procee...

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High Court of Karnataka Dismisses Petitions Challenging SARFAESI Sale Notice by Cooperative Bank — Alternative Remedy Under Section 17 Available. Cooperative Bank is a 'Bank' Under Section 2(c) of SARFAESI Act, 2002, and Can Initiate Proceedings Under the Act.

The judgment pertains to two writ petitions filed by Sri N Ravindranath Kamath and another petitioner challenging the sale notice dated 19.01.2021 iss...

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High Court of Bombay Quashes DRAT Order in SARFAESI Act Case for Exceeding Jurisdiction Under Section 18 — Bank's Possession of Secured Asset Upheld Despite Alleged Procedural Irregularities.

The case involves a dispute between IDBI Bank Ltd (Petitioner) and Aditya Logistics (I) Pvt. Ltd. and others (Respondents) concerning the enforcement ...

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Bombay High Court Allows Cooperative Bank's Writ Petition Against Sales Tax Tribunal's Refusal to Entertain Appeal Under Section 55 of Bombay Sales Tax Act, 1959 — Tribunal Directed to Decide Appeal on Merits

The petitioner, Shikshak Sahakari Bank Limited, a cooperative bank registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ peti...

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Bombay High Court Dismisses Challenge to Pre-deposit Condition Under SARFAESI Act — Upholds Constitutional Validity of Section 18 Provisos. The court held that the legislature may condition the right of appeal and the provisions are not discriminatory compared to the RDB Act.

The petitioners, National Polymers and others, challenged an order dated 6 April 2011 of the Debts Recovery Appellate Tribunal directing them to depos...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...