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2011 (1) TMI 1219 - HC - Companies LawWhether the petitioner's stand is legally valid ? Held that:- The provision under section 94 of the ESI Act is similar to that of section 11(2) of the EPF Act. Therefore, the reasoning found in Maharashtra State Cooperative Bank Ltd.'s case (2009 (10) TMI 825 - SUPREME COURT OF INDIA), will squarely apply to the case on hand.It is, therefore, reasonable to take the view that the statutory first charge created on the assets of the establishment by sub-section (2) of section 11 and priority given to the payment of any amount due from an employer will operate against all types of debts. The contentions raised by the petitioner does not stand scrutiny of law.Appeal dismissed.
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