Supreme Court · 2009 INSC 1174 · Decided 8 October 2009
Maharashtra State Co-Operative Bank LTD. v. The Assistant Provident Fund Commissioner and ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1174 · [2009] 15 S.C.R. 1
- Case number
- CIVIL APPEAL No. 6893/2009
- Decided
- 8 October 2009
- Bench
- B.N. AGRAWAL, G.S. SINGHVI, AFTAB ALAM (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 38, 43
Headnote
I Employees' Provident Funds and Miscellaneous Provisions Act, 1952: 8 c S. 11 - Provident funds dues payable by employer - Held: Would be first charge on assets of establishment - Such dues shall be paid in priority to all other debts - in s. 11 operate against statutory as well as D .>( non-statutory and secured as well as unsecured debts including a mortgage or pledge - On facts, held, sugar bags pledged by Sugar Mills in favour of appellant-bank as security for repayment of loan together with interest- Deeds of pledge
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