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2021 Supreme(AP) 62

JOYMALYA BAGCHI, A.V.SESHA SAI
State Bank of India, Represented by its Authorised Officer – Appellant
Versus
Deputy Commercial Tax Officer-II – Respondent


Advocates Appeared:
For the Petitioners: Sri S. Satyanarayana Moorthy.
For the Respondents: Sri T.C.D. Shekar.

ORDER :

A.V. Sesha Sai, J.

(Taken up through video conferencing)

Since the issues that fall for consideration in all these writ petitions are substantially the same and as the contentions advanced are also the same, this Court deems it appropriate and apposite to dispose of this batch of writ petitions by way of this common order.

2. The sum and substance of the stance of the petitioners in all these writ petitions is that in view of the provisions of Section 26E of the Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993, the debts advanced by the banks/financial institutions do have precedence over all the revenues due to the Central or State Governments. In order to adjudicate the said issue, it would be appropriate to refer to the said provisions of law, which read as under:

    Section 26E of SARFAESI Act, 2002:- Priority to secured creditors.-Notwithstanding anything contained in any other law for the time being in force, after the registration of security interest, the debts due to any secured creditor shall be paid in priority over all other

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