ORDER :

Bechu Kurian Thomas, J.

The piquant question posed in this application is whether a secured creditor can claim priority for sale and payment over statutory charge holders, due under State enactment.

2. Registration of a sale carried out under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act' for short) was denied by the Sub Registrar, Kottarakkara after noticing entry of a statutory charge relating to value added tax in the tax receipt produced along with the sale certificate for registration. This denial of registration has called upon this Court to decide the issue as to whether the secured creditor under the SARFAESI Act has predominance over the statutory charge due to Government, created under other state enactments.

3. Though the entire factual situation arising in the case may not have much relevance for deciding the issue that arises for consideration, still, a nutshell of facts are referred to.

4. The Travancore Devaswom Board (hereinafter referred to as 'the Board' for short), was granted permission by this Court to bid in a proposed auction to be conducted by the 4th