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october 2009

Supreme Court of India · 2009-10-08

MAHARASHTRA STATE CO-OP.BANK LTD. vs ASSISTANT P.F.COMMR.

Citation / case number
SC 2007/23760
Court
Supreme Court of India
Petitioner
MAHARASHTRA STATE CO-OP.BANK LTD.
Respondent
ASSISTANT P.F.COMMR.

Judgment text excerpt

The Supreme Court addressed whether sugar bags pledged by Kannad Sahakari Sakhar Karkhana Ltd. and Gangapur Sahakari Sakhar Karkhana Ltd. as security for a bank loan could be attached for the recovery of dues under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The Court held that the rights of the bank as a pledgee take precedence over the claims of the provident fund authorities, thereby affirming the enforceability of the pledge under the Act. The judgment clarified the hierarchy of claims in cases of secured loans versus statutory dues.

MAHARASHTRA STATE CO-OP.BANK LTD. vs ASSISTANT P.F.COMMR. · Niyam