9911796707
TMI Blog2011 (6) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... y, Adv. for Respondent No. 1 and 3 and Durga Reddy, Adv. for Respondent No. 2 ORDER C.V. Nagarjuna Reddy, J. 1. This Writ Petition is filed for a Mandamus to set aside proceedings No. 52. Q/1037-09, dated 08.02.2008 of Respondent No. 3 by holding that the same is illegal, arbitrary and without jurisdiction and that the Petitioner is not liable to discharge any of the dues of M/s. Inter Food (P) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order to recover the dues, the sale was held under Section 29 of the State Financial Corporation Act, 1951. 3. It is the pleaded case of the Petitioner that M/s. Inter Food Private Limited was due to Respondent No. 1 an amount of ₹ 17,83,777/-, which includes interest, that when Respondent No. 1 approached it and demanded the said amount, the Petitioner brought the said fact to the notice o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Insurance Corporation, Nagpur 2006 (4) MhLJ 796 and Employees' State Insurance Corporation v. Balaraman 2001 (I) LLJ 777. In all these cases, a common view was expressed by the High Courts that the sale by statutory corporations for recovery of dues cannot be construed as voluntary transfer of the units by the erstwhile employer and therefore they do not fall either under Section 17-B of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the 1948 Act. The learned Counsel for the Petitioner submitted that under Section 75(1)(g), a dispute of this nature between the purchaser of a unit in respect of which dues were payable by the previous management and the corporation is not amenable to the jurisdiction of the Employees' Insurance Court. In my opinion, it is not necessary to render a finding on this aspect because assuming ..... X X X X Extracts X X X X X X X X Extracts X X X X
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