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CALCUTTA HIGH COURT
Raja Basu Chowdhury, J
CFM Asset Reconstruction Pvt. Ltd. – Appellant
Versus
Assistant Commissioner, CGST & C.EX, Durgapur-I Division & Ors. – Respondent
| Table of Content |
|---|
| 1. secured creditor asserts rights over mortgage and financial obligations. (Para 2 , 3 , 4 , 5 , 7) |
| 2. attachment by cgst authorities challenged by secured creditor. (Para 10 , 11) |
| 3. court confirms priority of secured creditors over government dues. (Para 12 , 15) |
| 4. court disposes of petitions with directives for compliance. (Para 19) |
1. By consent of the parties both the writ petitions are taken up together for consideration.
2. The writ petition being WPA 3564 of 2025 has been filed by the CFM Asset Reconstruction Pvt. Ltd. (hereinafter referred to as the “secured creditor”) while the writ petition being WPA 26115 of 2024 has been filed by private parties, amongst whom the petitioner no.1 in such petition appear to be the principal borrower who claims to be a lessee in respect of certain properties which form subject matter of the writ petition which has also been secured by way of mortgage with the secured creditor.
3. The secured creditor claims to be registered with the Reserve Bank of India under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the “SARFAESI Act”) and also claims
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