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TMI Blog2017 (4) TMI 1498X X X X Extracts X X X X X X X X Extracts X X X X ..... date of disposal of attachment proceedings, we are unable to accept the submission of the learned Government Advocate that the proceeding for attachment and attachment order passed in the matter was prior to the date of amendment dated 16.8.2016 and should be dealt with as per amended provisions. The 1993 Act is a special one and would prevail over 1994 Act. The learned writ court has rightly held that the bank shall have preference over others - Appeal dismissed. - W.A. No.202/2017, W.A. No.203/2017 - - - Dated:- 18-4-2017 - P.K. JAISWAL AND VIRENDER SINGH, JJ. For the Appellant : Shri Yogesh Mittal, Government Advocate ORDER I.A.Nos.2036/2017 2040/2017, application(s) for condonation of delay. The writ appeals are b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt in view of the non-obstante Clause came to the conclusion that bank shall have priority and shall have the first right over all other debts and government dues including revenues, taxes, cesses and rates due to the Central Government, State Government or local authority. 4. Shri Yogesh Mittal, learned Government Advocate has drawn our attention to the Section 33 of the M.P. Vat Act, 2002 and submitted that the department is having first charge over the dues of commercial tax. Similar is the provision under the Central Sales Tax Act, the learned writ court erred in law in allowing the petition only on the ground that amendment in Recovery of Debts Due to Banks and Financial Institutions Act, 1993, came into force w.e.f. 16.8.2016, whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of secured assets of the borrower, priority to secured creditors in payment of debt shall be subject to the provisions of that Code. 6. It was argued by the learned Government Advocate that the proceeding for attachment had been made prior to coming into force of Section 31B. In absence of any vested right in any one, the attachment proceeding has necessarily to be dealt with according to Section 31B in force on the date of disposal of attachment proceedings, we are unable to accept the submission of the learned Government Advocate that the proceeding for attachment and attachment order passed in the matter was prior to the date of amendment dated 16.8.2016 and should be dealt with as per amended provisions. The 1993 Act is a specia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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