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1998 Supreme(Kar) 219

CANARA BANK, SIA SECTION, INFANTRY ROAD, BANGALORE – Appellant
Versus
REGIONAL PROVIDENT FUND COMMISSIONER, KARNATAKA, BANGALORE AND OTHER SEMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS – Respondent


Advocates:
B.C.PRABHAKAR, Mangal Charan S.Inna, P.S.Sundar Markal

G. PATRI BASAVANA GOUD, J.

( 1 ) THE third respondent-establishment has fallen in arrears to wards provident fund contributions. The third respondent has also availed of loan facilities from the petitioner-Canara Bank, one of which relates to cash credit facility to the extent of Rs. 330 lakhs. The third respondent has, from out of this limit of Rs. 330 lakhs, drawn to a certain extent and that limit is not yet exhausted, in the sense, that the third respondent can still draw some more amount within the said limit of Rs. 330 lakhs. From out of the balance that the third respondent can so draw from the petitioner in respect of the said cash credit facility, respondents 1 and 2, namely Provident Fund Authorities, are seeking to recover from the said balance towards the arrears of provident fund contributions that the third respondent is still due. In other words, respondents 1 and 2 are construing that the unutilised cash credit facility is money payable by the petitioner-Canara Bank to the third respondent, which the said respondents 1 and 2 can recover from the petitioner-bank. Respondents 1 and 2 are thus construing the position of the petitioner-Canara Bank as a garnishee. With th










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