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1976 Supreme(MP) 100

C.KONDAIAH, B.R.DUBE
BANK OF INDIA – Appellant
Versus
BINOD STEEL LTD. – Respondent


Advocates Appeared:
G.S.SOLANKI, K.A.Chitale, S.C.Consul

KONDAIAH, J.

( 1 ) THE petitioner, the Bank of India, seeks in this petition under Articles 226 and 227 of the Constitution of India to quash the order of the Sub-Divisional officer, Indore dated 28-1-1976 confirming the order of the Additional tahsildar, Indore, dated 26-11-1975 rejecting its application not to attach the machinery of the M/s. Binod Steel Ltd. Company and directing the recovery of a sum of Rupees 25,765. 78 P. due and payable by the Company to the workers towards their wages for the month of March 1975 by attachment and sale of the machinery.

( 2 ) THE first respondent M/s. Binod Steel Ltd. Company had borrowed on mortgage of its machinery, a sum of Rs. 33 lacs on various debts from the petitioner Bank. The Company had closed its business on April 11, 1975. The payment of Wages Inspector has raised a demand of Rs. 25,765. 78 P. against m/s. Binod Steel Limited Company towards the amount of wages due and payable by the Company to the workers for the month of March 1975. The amount also includes some compensation payable by the Company. The payment of Wages Inspector moved the Additional Tahsildar, Indore for recovery of Rs. 25,765. 78 P. from M/s. Binod Steel Ltd.












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