<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2007 (8) TMI 824 - MADHYA PRADESH HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=312914</link>
    <description>SARFAESI enforcement by a secured creditor could not be restrained by the Company Court at the stage of Section 13(2) and Section 13(4), because the Act permits enforcement without court intervention and gives overriding effect to inconsistent laws. The Court held that the protection of Section 529A of the Companies Act, 1956 is incorporated through Section 13(9) and becomes relevant at that later stage, so workmen&#039;s dues and other secured creditors&#039; claims cannot be ignored. The restraint directions were set aside, but limited safeguards were retained to secure the best price and statutory compliance.</description>
    <language>en-us</language>
    <pubDate>Mon, 06 Aug 2007 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 13 Mar 2024 18:41:22 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=746843" rel="self" type="application/rss+xml"/>
    <item>
      <title>2007 (8) TMI 824 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=312914</link>
      <description>SARFAESI enforcement by a secured creditor could not be restrained by the Company Court at the stage of Section 13(2) and Section 13(4), because the Act permits enforcement without court intervention and gives overriding effect to inconsistent laws. The Court held that the protection of Section 529A of the Companies Act, 1956 is incorporated through Section 13(9) and becomes relevant at that later stage, so workmen&#039;s dues and other secured creditors&#039; claims cannot be ignored. The restraint directions were set aside, but limited safeguards were retained to secure the best price and statutory compliance.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Mon, 06 Aug 2007 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=312914</guid>
    </item>
  </channel>
</rss>