VIJAYALAKSHMIPALANISAMY CHARITABLE TRUST Vs. SUB-REGIONAL DIRECTOR

JUDGEMENT

(1.) The order dated 20.09.2017 passed in E.I.O.P.No.5 of 2011 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The Substantial Question of law raised by the appellant, which reads as under:

(3.) The learned counsel appearing on behalf of the appellant confined with the substantial question of law by stating that under Section 93-A of the ESI Act, auction purchase of factory under the SARFAESI Act from the Bank cannot be covered. The auction purchase of a property from a Bank under the SARFAESI Act is not covered under Section 93A of the ESI Act and therefore, the Recovery imposed by the respondent/ Corporation is directly in violation of the provisions of the Act and thus, the orders passed by the ESI Court is liable to be scrapped.