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2009 Supreme(SC) 1638

B.N.AGARWAL, G.S.SINGHVI, AFTAB ALAM
Maharashtra State Co-operative Bank Ltd. – Appellant
Versus
Assistant Provident Fund Commissioner – Respondent


JUDGMENT

G.S. Singhvi, J.—

1. Leave granted.

2. Whether the sugar bags pledged by Kannad Sahakari Sakhar Karkhana Ltd. and Gangapur Sahakari Sakhar Karkhana Ltd. in favour of the appellant-bank as security for repayment of the loan together with interest could be attached and sold for realization of the dues of provident funds etc. payable by the employer i.e., the management of the Sugar Mills under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short ‘the Act’) is the question which arises for determination in these appeals filed against order dated 29.6.2007 passed by the Division Bench of the Bombay High Court in Civil Application Nos.1680 and 1681 of 2007 in Writ Petition No.6824/2005 and order dated 19.7.2007 passed in Civil Application No.245/2007 in Letters Patent Appeal No.28/2004.

3. We shall first notice the facts from the record of the appeal arising out of S.L.P.(C ) No.15243/2007.

4. During crushing season 2000-2001, the appellant advanced loan of Rs.4000 lacs to Kannad Sahakari Sakhar Karkhana Limited (hereinafter described as ‘the Sugar Mill’). For securing repayment of the loan and interest, the management of the Sugar Mill executed ne



















































































































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