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    <title>2011 (6) TMI 751 - MADRAS HIGH COURT</title>
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    <description>A statutory priority for provident fund dues could not be enforced against a bona fide auction purchaser who bought the secured asset for value without notice of any prior attachment. The property had been sold in a valid SARFAESI auction before the recovery attachment was reflected in the encumbrance records, and the sale certificate stated that there was no encumbrance. On these facts, personal liability and restraint on alienation against the purchaser were unsustainable. The recovery authority was left free to pursue its claim against the bank, not against the purchaser.</description>
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      <link>https://www.taxtmi.com/caselaws?id=174635</link>
      <description>A statutory priority for provident fund dues could not be enforced against a bona fide auction purchaser who bought the secured asset for value without notice of any prior attachment. The property had been sold in a valid SARFAESI auction before the recovery attachment was reflected in the encumbrance records, and the sale certificate stated that there was no encumbrance. On these facts, personal liability and restraint on alienation against the purchaser were unsustainable. The recovery authority was left free to pursue its claim against the bank, not against the purchaser.</description>
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