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Showing contexts for: pari passu charge in Kotak Mahindra Bank Ltd vs Megnostar Telecommunications Pvt. ... on 17 September, 2012Matching Fragments
15. The three Judges Bench of the Supreme Court in Rajasthan Financial Corporation (Supra) was constituted owing to a prima facie conflict having been found by the two Judges Bench, before which the matter came first, between Allahabad Bank (supra) and International Coach Builders Ltd. vs. Karnataka State Corporation (2003) 10 SCC 482, both of two Judges Benches.
16. In International Coach Builders Ltd. (supra), Supreme Court held that a right under Section 29 of the SFC Act against a debtor, if a company, is available to a financial corporation only so long as there is no order of winding up and that when the debtor is a company in winding up, the rights of financial corporations are affected by the provisions of Section 529 and 529A of the Companies Act. It was also held that the proviso to Section 529 creates a pari passu charge in favour of workmen to the extent of their dues and makes the Liquidator the representative of the workmen to enforce the charge. The earlier decision in Allahabad Bank was not noticed.
(v) held that there was no inconsistency between the decisions in Allahabad Bank and in International Coach Builders Ltd.
(vi) that there is no conflict on the question of applicability of Section 529A read with Section 529 of the Companies Act to cases where debtor is a company in liquidation.
(vii) the conflict is in Allahabad Bank holding that DRT could sell the properties of company in terms of DRT Act and International Coach Builders Ltd. holding that since Sections 529 and 529A create pari passu charge in favour of workmen to the extent of their dues and makes the liquidator the representative of the workmen to enforce the charge, sale by the SFC in exercise of powers under Section 29 could only be with the concurrence of the Company Court.