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2024 Supreme(Online)(KER) 42423

HIGH COURT OF KERALA
A. Muhamed Mustaque, S.MANU, JJ
M/S DHANLAXMI BANK LTD. – Appellant
Versus
SECURITIES AND EXCHANGE BOARD OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: C.K.KARUNAKARAN
For the Respondents: K. M. JAMALUDHEEN RAJU JOSEPH (SR.)

Table of Content
1. the legal framework regarding priority rights of secured creditors. (Para 2 , 3 , 4)
2. arguments on sebi's claims versus debts owed to secured creditors. (Para 10 , 11 , 12)
3. definition and understanding of 'debt' in legal context. (Para 15 , 19 , 20)
4. contextual interpretation of competing statutes and precedence. (Para 26 , 27 , 30)

JUDGMENT

A.Muhamed Mustaque, J

This appeal filed by Dhanlaxmi Bank raises an important question of law. The question of law is about the overriding effect of Section 26E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act), 2002 over the provisions of Section 11 , 11-A, 11-B and Section 28-A(3) of the Securities Exchange Board of India Act (SEBI Act), 1992.

2. The appellant/bank claims that on the introduction of Chapter IV A in the SARFAESI Act, with effect from 24/01/2020, the secured creditor, who had registered secured interest with the Central Registry will have priority right over all other debts and all revenues, taxes and other rates payable to Central Government or State Government or local authority. This is a primary question to be decided. There are two mo

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