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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Kallangodan Moosa, S/o. Late Kunhammed Haji – Appellant
Versus
Sub Registrar – Respondent
| Table of Content |
|---|
| 1. writ petition seeks mandamus to delete property attachments. (Para 1 , 2) |
| 2. epf claims dues against property; argues priority and legality. (Para 3 , 4) |
| 3. petitioners argue property ownership and legality of sales. (Para 5 , 6) |
| 4. 1st respondent's duty to recognize attachments; procedural steps needed. (Para 7 , 8) |
| 5. key court findings regarding attachment orders and legal precedent. (Para 10 , 11) |
| 6. final ruling asserts epf's priority over other debts; petition dismissed. (Para 12 , 13 , 14) |
JUDGMENT :
The above writ petition is filed seeking the following reliefs:
B. Pass an order directing the 1st Respondent to issue fresh encumbrance certificate to the petitioners after effacing the entry of attachment noted in favour of Respondents 2 to 4 within a time limit prescribed by this Hon'ble Court.
D. Grant the cost of this Writ Petition.”
3. A statement has been filed on behalf of respondents 2 and 3 through the learned standing counsel for EPF Organisation, wherein it is stated that M/s. Kalpetta Janakshema Maruthi Chits Pvt. Ltd. is an establishment covered under the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter refer
The Employees' Provident Fund dues have priority over other claims, including mortgages, as confirmed by law, which the court upheld when dismissing the writ petition.
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prevails over the Employees Provident Fund and Miscellaneous Provisions Act, 1952, allowing se....
A security interest registered with CERSAI under Section 26E of the SARFAESI Act grants the secured creditor priority over all other debts, including subsequent statutory dues like those under the EP....
The auction purchaser's title prevails over subsequent attachments, as the attachment occurred after the auction sale, reaffirming the priority of security interests under Section 26(E) of the SARFAE....
Point of law: rights of a secured creditor to realise secured debts due and payable by sale of assets over which security interest is created, would have priority over all debts and Government dues i....
Recovery of Income Tax dues of Borrower - Charge of secured creditor would have priority over Government dues under Income Tax Act - No provision in Income Tax Act which provides for any paramountcy ....
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