https://www.taxtmi.com/caselaws?id=781863 SC held that statutory "first charge" for provident fund dues under Section 11(2) of the EPF&MP Act prevails over the priority granted to secured creditors under Sections 35, 13 and 26E of the SARFAESI Act. Even though SARFAESI is later in time and contains a broad non-obstante clause, it cannot override a valid statutory first charge created by EPF legislation. The secured creditor is permitted to proceed with auction of the borrower's assets, but sale proceeds must first satisfy provident fund dues, and only thereafter the secured creditor's dues. Workers may approach the appropriate authority for determination of remaining dues. The impugned HC judgment was set aside, and the appeal allowed. en-us Thu, 20 Nov 2025 00:00:00 +0530 Sat, 22 Nov 2025 07:36:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=781863 SC held that statutory "first charge" for provident fund dues under Section 11(2) of the EPF&MP Act prevails over the priority granted to secured creditors under Sections 35, 13 and 26E of the SARFAESI Act. Even though SARFAESI is later in time and contains a broad non-obstante clause, it cannot override a valid statutory first charge created by EPF legislation. The secured creditor is permitted to proceed with auction of the borrower's assets, but sale proceeds must first satisfy provident fund dues, and only thereafter the secured creditor's dues. Workers may approach the appropriate authority for determination of remaining dues. The impugned HC judgment was set aside, and the appeal allowed. Case-Laws Indian Laws Thu, 20 Nov 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=781863