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1964 Supreme(MP) 97

P.V.DIXIT, K.L.PANDEY
STATE BANK OF INDORE – Appellant
Versus
REGIONAL PROVIDENT FUND COMMISSIONER – Respondent


DIXIT, C. J.

( 1 ) THE circumstances in which tills application under Article 226 of the Constitution has been filed are that by a mortgage deed executed on 5th December 1959 the respondent No. 5, namely, Bhandari Iron and Steel Company Private Limited of indore (hereinafter referred to as the Company), mortgaged its entire immoveable property with the petitioner, the State Bank of Indore (hereinafter referred to as the Bank ). The said Company failed and neglected to pay the employer's contribution due from if under the Employees' Provident Funds Act, 1952 (hereinafter referred to as the Act) in respect of the periods from September, 1957, to July, 1958, and from August to September, 1958, and consequently proceedings for the recovery of the employer's contribution from the Company as an arrear of land revenue were started under Section 3 of the Act read with section 155 of the Madhya Pradesh Land Revenue Code, 1959, (hereinafter referred to as the Code ). In those proceedings, the Naib-Tahsildar of Indore attached a Chawl belonging to the Company which, along with other property belonging to the Company, had been mortgaged with the Bank. The Bank objected to the proposed sale of










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