J U D G M E N T

[W. A. Nos. 2114 & 2449 of 2019, 132, 133, 144, 204 & 241 of 2020, 616, 1096 & 1655 of 2021 & 620, 652, 659, 723 & 817 of 2022]

Shaji P. Chaly J.

The captioned writ appeals are filed by the State and its officials challenging the common judgment of the learned Single Judge in W. P. (C) Nos. 28316 of 2016 and other connected matters dated 30.07.2019, whereby the writ petitions filed by the financial institutions guided by the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) are allowed; and held that a secured creditor under Section 26E of the SARFAESI Act and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act, 1993) obtains priority over the right claimed by the Revenue, both in proceeding against the properties in question, or in recovering the secured debt, and accordingly quashed the proceedings initiated by the sales tax authorities and the registration authorities.

2. Admittedly, amounts are due from various registered dealers, under the state laws, who have availed loans from various financial institutions. Proceedings were initiated as per the provisio