would affect the
rights of financial corporations because of a “pari passu” charge in favour
of the workmen. In respect of such dues
every secured creditor shall be
deemed to be subject to a pari
passu charge in favour of the
workmen to the extent of the
workmen ... portion in his security,
whichever is less. shall
rank pari passu with the
workmen's dues for the
purposes of section 529A
SFCs cannot
exercise the right under Section 29 ignoring a pari
passu charge of the workmen.”
13
The view taken therein was reiterated
every secured creditor
is deemed to be subject to a pari passu charge in favour
Writ Petition (C) No. 421 of 2019
Page ... charge
over the property of the security of every secured creditor
to the extent of workmen’s portion, the workmen’s dues
rank pari passu
which amounts, the appellant would be entitled to recover as
a first charge on the sale proceeds. This order is being
challenged in the present ... every secured creditor shall be deemed to be
subject to a pari passu charge in favour of the workmen to
the extent of the workman
Senior Lenders agreed to be secured by
first ranking mortgage and pari passu charge/issuing of all the moveable
properties of the borrower. Further ... first ranking pari passu charge of
all the borrowers account and each of the other accounts required to be
created by borrower under any transaction
provided that
workmen shall deem to have pari passu charge in his favour to the
extent of workmen’s portion. It further stated that where ... extent of workmen’s share/ portion in the security shall rank pari
24
passu with workmen’s dues for the purposes of Section 529A
borrowings
reflected in the balance sheets are secured by way
of pari passu charge on the present and future
current assets of the companies
does hereby hypothecate
as he by way of a first ranking pari
passu charge to the Security Trustee,
acting in trust ... Corporate Debtor, hypothecated their
assets by way of first ranking pari passu charge to the Security
Trustee, who was acting in trust
every secured creditor
shall be deemed to be subject to a pari passu charge
in favour of the workmen to the extent of the
workmen ... portion in his security, whichever is
less, shall rank pari passu with the workmen's dues for
the purposes of Section