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2022 Supreme(Guj) 1015

BHARGAV D. KARIA
U. C. O. Bank – Appellant
Versus
Employees Provident Fund Organization – Respondent


Advocates Appeared:
For the Petitioner:Mr. Gautam Joshi Senior Advocate with Mr. Vyom Shah with Mr. I.G. Joshi.
For the Respondent: Mr. Chaitanya S. Joshi.

JUDGMENT :

Heard learned Senior Advocate Mr.Gautam Joshi with learned advocate Mr.Vyom Shah for learned advocate Mr.I.G.Joshi for the petitioner and learned advocate Mr.Chaitanya S. Joshi for the respondent No.1.

1. By this petition under Article 226 of the Constitution of India, the petitioner- Bank has challenged the show cause notices dated 19.07.2018 and 17.08.2018 issued by the respondent No.1-Assistant Provident Fund Commissioner & Recovery Officer of Regional Office, Employees Provident Fund Organization for the recovery of Rs.18,66,697/- and further prayed for refund of the said amount deposited by the petitioner without prejudice with interest.

2. The brief facts of the case are as under:

2.1. The respondent No.2-M/s. Janta Glass Limited approached the petitioner- UCO Bank for the financial assistance in the year 1998. The petitioner-Bank sanctioned and disbursed various credit facilities to respondent No.2-Company and thereafter, renewed/enhanced the same from time to time. Respondent No.2 hypothecated the movable properties as a security by executing the deed of hypothecation in favour of the petitioner as secured asset i.e., all plant and machineries including its machin

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