Back
B. P. COLABAWALLA, M. M. SATHAYE
Ronak Industries – Appellant
Versus
Assistant Commissioner Central Excise and Customs, Daman – Respondent
JUDGMENT :
B.P. COLABAWALLA, J.
1. Leave granted to the Petitioner to correct the typographical mistake in prayer clause (b) of the Petition. In place of Respondent No. 6, it should be “Respondent No. 4.” The correction shall be carried out forthwith in front of the Associate. Re-verification is dispensed with.
2. Rule. With the consent of contesting parties, rule made returnable forthwith and heard finally.
3. The Petitioner has filed the present Writ Petition seeking a direction inter alia to remove the lien/charge/encumbrance/mutation entry of Respondent No. 1 and 2 from the records of Respondent No. 4 and 5 in respect of the immovable property bearing Survey No. 366/5 admeasuring 1200 sq.mtrs Plot No. 16, and Survey No. 366/6 admeasuring 1200 sq.mtrs Plot No. 17, totally admeasuring 2400 sq.mtrs and structures thereon along with plant and machinery lying at the Premier Industrial Estate, Kachigam, within the village panchayat jurisdiction of Kachigam, Taluka Daman, sub-district and district of Daman pin code 396 215 (for short the ‘Secured Asset’) and to direct Respondent No. 4 to accept and register the document of sale/sale certificate issued by Respondent No. 3 in favour of the
The main legal point established in the judgment is the priority of the secured creditor's dues over other creditors' claims, as determined by the SARFAESI Act and relevant case law.
The main legal principle established in the judgment is the priority of the secured creditor over government dues as per the SARFAESI Act, particularly in relation to the registration with CERSAI and....
Recovery of Income Tax dues of Borrower - Charge of secured creditor would have priority over Government dues under Income Tax Act - No provision in Income Tax Act which provides for any paramountcy ....
Bank is entitled only for a priority in payment alone, it can never be said to be a charge created over property against statutory charge contained under KGST Act, 1963 and KVAT Act, 2003 or any Cent....
The rights of secured creditors under the SARFAESI Act take precedence over statutory dues, and the Sub-Registrar cannot refuse registration of documents without valid legal grounds as specified in t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
