Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P.MAYEE
Indian Overseas Bank – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
ANIRUDDHA P. MAYEE, J.
1. The present writ petition has been filed praying for the following reliefs:-
“26.A. This Hon'ble Court be pleased to issue a writ of mandamus and/or certiorari or a writ, order or direction in the nature of mandamus and/or certiorari or any other appropriate writ, order or direction to quash and set aside the Revenue Entry No. 8058 dated 02.03.2024, in respect of the said Property recording the purported charge of Respondent No. 4 over the said Property on the basis of Respondent No.4's application dated 02.03.2024;
B. This Hon'ble Court be pleased to issue a writ of mandamus or a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction to:
(a) the Respondent No. 3 to forthwith and without any demur accept the sale certificate dated 02.05.2024 annexed at Annexure G" hereto for the purpose of registration and issue a certificate under Section 60 of the Registration Act, 1908 in respect of the sale certificate dated 02.05.2024;
(b) the Respondent No.5 to mutate necessary entries in the relevant revenue records, recording the sale of the said Property in favour of the Respondent No.7;
C. This Hon'ble Court be pl
The provisions of the SARFAESI Act grant secured creditors priority over state tax dues, rendering any conflicting claims by tax authorities ineffective.
Secured creditors' rights under Section 26E of the SARFAESI Act take precedence over state tax claims, confirming the principle of priority for registered interests.
Section 26E of the SARFAESI Act establishes that secured creditors have priority over State revenue claims, reinforcing the enforceability of secured debts post-registration.
Secured creditors have priority over State debts under Section 26E of the SARFAESI Act, 2002, invalidating conflicting State charges on mortgaged assets.
Secured creditors' debts take precedence over state tax claims, as established by Section 26E of the SARFAESI Act.
The provisions of Section 26E of the SARFAESI Act 2002 and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 create "First Charge" by way of priority in favour of the Banks and Financial ....
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
