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2002 Supreme(Ker) 329

B.N.SRIKRISHNA, G.SIVARAJAN
Recovery Officer – Appellant
Versus
Kerala Financial Corporation – Respondent


Judgment :-

Srikrishna, C.J.

This appeal impugns the judgment of the learned Single Judge dated 22nd June, 1994 allowing the Original Petition and quashing recovery notices issued by the Recovery Officer and Assistant Provident Fund Commissioner to the first respondent corporation.

2. The appellant before us is the "Recovery Officer" within the meaning of Sec. 2(kb) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "E.P.F. & M.P. Act"), who is also empowered to recover Provident Fund dues by reason of Sec. 8G of the Act. The first respondent is a Corporation established under the State Financial corporation Act, 1951. The second respondent is a scheduled bank carrying on business at Trivandrum in the State of Kerala.

3. A company by name "M/s. Darpan Electronics (Private) Limited" (hereinafter referred to as "the company") was running an industrial concern engaging employees and was covered by the provisions of the E.P.F. & M.P. Act, 1952. The company had obtained loans from the first respondent Corporation for the purpose of setting up its business. On 21-2-1997, it executed a loan agreement securing by mortgage certain immovable prop

















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