https://www.taxtmi.com/caselaws?id=221191 Workmen of a company that has not been wound up cannot restrain a secured creditor from proceeding under the SARFAESI Act or claim priority in distribution of sale proceeds. The first and second provisos to section 13(9) of the SARFAESI Act operate only where the company is in liquidation or winding-up proceedings are pending, and section 529A of the Companies Act, 1956 becomes relevant only in that setting. In the absence of a winding-up order or pending winding-up proceedings, workmen's dues do not override the secured creditor's enforcement rights, and statutory remedies under SARFAESI weigh against writ interference. en-us Tue, 04 Oct 2011 00:00:00 +0530 Wed, 27 Feb 2013 06:23:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=221191 Workmen of a company that has not been wound up cannot restrain a secured creditor from proceeding under the SARFAESI Act or claim priority in distribution of sale proceeds. The first and second provisos to section 13(9) of the SARFAESI Act operate only where the company is in liquidation or winding-up proceedings are pending, and section 529A of the Companies Act, 1956 becomes relevant only in that setting. In the absence of a winding-up order or pending winding-up proceedings, workmen's dues do not override the secured creditor's enforcement rights, and statutory remedies under SARFAESI weigh against writ interference. Case-Laws Companies Law Tue, 04 Oct 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=221191