The petitioner challenging against the impugned notice dated 21.01.2013 issued under Reference No.TN/VLR/74361/RECY/2012, by the 1st respondent for the sale of the immovable property more fully and particularly immovable property described schedule in the Writ Petition.
2. Heard Mr.K.Gunasekar, learned counsel appearing for the 1st respondent and Mrs.S.Indumathi Ravi, learned counsel appearing for the 3rd Respondent and No one represented by the petitioner and the 2nd respondent.
3. The authorised signatory of the 3rd respondent has filed an under taking affidavit dated 16.01.2017, and paragraph 4 of the said affidavit reads as follows:
4. I submit that once the property is sold and the amount realized out of the sale proceeds a sum of Rs.1,02,95,966/- i.e. due and liable to be paid by the 2nd respondent to the 1st respondent shall be paid out of the sale proceeds received by the 2nd respondent in accordance to the provisions of the SARFEASI Act, 2002.
4. According to the learned counsel for the respondent relied upon the decision of the Supreme Court judgment [(2009) AIR SCW 6784] in Maharashtra State Co.op Bank Limited v. Assistant Provident Fund Commissioner & Anr., wherein paragraph 47 of the Judgment it is held that
Section 11 of the Employees' Provident Funds and Miscellaneous Provisions Act, gives Statutory priority to the amount due from the employer vis-a-vis all other debts.
D. KRISHNAKUMAR J.
jv
5. Therefore, in the light of the above undertaking affidavit filed by the 3rd respondent and in the light of the decision of the Hon'ble Supreme Court cited supra, the Writ Petition is disposed of. No Costs. Consequently, the connected miscellaneous petitions are closed.