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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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Bombay High Court Dismisses Writ Petition Against DRT Order Rejecting Stay of Possession Under Securitisation Act — Section 31(j) Not Applicable to IFCI as It Is Not a Financial Institution Under State Financial Corporations Act.

The petitioners, M/s. Citron Infraprojects Limited and its director, filed a writ petition before the Bombay High Court challenging an order of the De...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Hears Challenge to Section 14 Order and Auction Under SARFAESI Act, 2002; Petitioner Alleges Violation of Natural Justice. The Court Examines Maintainability of Writ Petition Given Available Alternate Remedy Under Section 17.

The petitioner, a sole proprietor of a knitwear unit, had availed term loan and cash credit facilities aggregating Rs. 4.55 crores from respondent no....

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WRIT PETITION NO. 10533 OF 2023

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Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...