Rajeev vs Official on 7 October, 2011
Author: Jayant Patel
Bench: Jayant Patel
Gujarat High
which were jointly financed with respondent No. 1 having pari passu charge on the said assets and property. However, respondent No. 3 could not auction
over which Centurian Bank as well IndusInd Bank were also claiming the charge. The money realised from the disposal of the factory ... workers dues of Rs. 32,37,000/- since there is also pari passu charge for workmen dues and the amount is already deducted
stated the aforesaid aspect. The contention that there should be at
pari passu charge, is not provided, as per the provisions of the
Companies
considered with the PF dues, the ratio on the
principles of pari passu charge with the secured
Page 4 of 6
C/MCA/2076/2013
statutory provision such charge of workmen's dues are to stand on pari passu and, therefore, there would be double payment of the same ... first charge on the assets of the establishment, the first charge has to be maintained, but such first charge shall be on the assets
expenses of Rs. 1,05,000/- and the stamp duty, the registration charge of the documents, etc.
(b) the applicant Bank shall also ... claim of workmen dues under Section 529A of the Act for pari passu payment and consequential effect shall be given at the time of disbursement
aforesaid two categories of secured debts may be considered on pari
passu basis with the workers/employees dues.
(5) Crown/State
dues (unsecured)
(6) Unsecured ... already observed earlier that
they shall be considered for pari passu payment with the secured
debts.
Hence, no further observations deserve to be made
Kalyan Janta Sahakari Bank Ltd vs State Of Gujarat & on 15 January, 2016
Author
The vs The
Author: Jayant Patel
Bench: Jayant Patel
SCA/10590/2007 16/ 16 ORDER