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2016 Supreme(Del) 4202

RAJIV SAHAI ENDLAW
ASSISTANT PROVIDENT FUND COMMISSIONER – Appellant
Versus
VIJAYA BANK – Respondent


Advocates Appeared:
For the Petitioners: Mr. Pankaj Garg, Mr. Milind Garg and Mr. A.S.M. Tripathi.
For the Respondents: Mr. Vaibhav Dang with Mr. Surender Singh.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

CM No. 20686/2016 (for exemption).

1. Allowed, subject to just exceptions.

2. The application stands disposed of.

W.P. (C) No. 4970/2016 & CM No. 20687/2016 (for stay).

3. The petition impugns the E-Auction Sale Notice dated 20th April, 2016 of the respondent no. 1 Vijaya Bank (Bank), in pursuance to the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, of the two properties at Noida of the respondent no. 3 M/s. G.K. Products Pvt. Ltd. and respondent no. 4 M/s. Well Computer Exim Pvt. Ltd. (Companies) who had stood as guarantors for the financial assistance granted by the respondent no. 1 Bank to the respondent no. 2 Creative Home Fashions Pvt. Ltd. (Company). The respondents no. 5 to 9 are stated to be Directors in each of the respondents no. 2 to 4 Companies.

4. It is inter-alia the claim of the petitioner Assistant Provident Fund Commissioner that the petitioner has a charge over the properties being auctioned on account of Provident Fund (PF) dues owed by the respondent no. 2 Company.

5. The respondent no. 1 Bank had attempted sale of the aforesaid properties as far back a




























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