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TMI Blog2018 (10) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... , cesses and other rates payable to the Central Government or State Government or local authority. Hence, the notice dated 19.01.2018 is unsustainable in law - petition allowed. - Writ Petition No.5019 of 2018 - - - Dated:- 10-9-2018 - HEMANT GUPTA AND VIVEK RUSIA JJ. None for the petitioner. Shri Romesh Dave, learned Government Advocate for the Respondent Nos.1 to 4/State. Heard. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of ₹ 225.00 lacs. The Respondent Nos.5 and 6 stood as guarantors by mortgaging their immovable assets with the petitioner Bank which is classified as security arrangement under Section 2 (1) (zb) of the SARFAESI Act, 2002 and the agreements created security interest under Section 2 (1) (zf) of the SARFAESI Act, 2002. [3] The Commercial Tax Officer of Commercial Tax Department, Divis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 838.78 lacs. As per Section 26-E of the SARFAESI Act, 2002, the secured creditor is having exclusive and priority over all other debts and all revenues, taxes, cesses and other rates payable to the Central Government or State Government or local authority. [4] The Respondent Nos.1 to 4/State who are main contesting party in this petition filed the reply by submitting that on 28.02.2018 i.e. the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, the Respondent Nos.1 to 4 are entitled to recover the entire tax dues from the Respondent No.6. Therefore, the notice dated 19.01.2018 needs no interference. [5] The present writ petition is based on the provisions of Section 26-E of the SARFAESI Act, 2002 which has been inserted by way of Act No.44 of 2016 in the main Act and the same has also been notified in the Gazette of India publishe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in payment of debt shall be subject to the provisions of that Code. [6] In view of Section 26-E of the SARFAESI Act, 2002, the debts due to any secured creditor shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the Central Government or State Government or local authority. Hence, the notice dated 19.01.2018 is unsustainable in law. Even ..... X X X X Extracts X X X X X X X X Extracts X X X X
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