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TMI Blog2022 (7) TMI 798X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent for registration. Citing the attachment made by the Income Tax Department, the second respondent refused to register the same. Questioning the stand of the second respondent, this writ petition came to be filed. HELD THAT:- It is well settled that the rights of the secured creditor will prevail over crown debt. The legal position has been clarified in more than one decision. In this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Heard the learned counsel for the writ petitioner, the learned Standing Counsel appearing for the first respondent and the learned Additional Government Pleader appearing for the second respondent. 2. Considering the nature of relief to be granted, issuance of notice to the third respondent is dispensed with. 3. The petitioner brought the properties of the borrower to public aucti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lows: 24. I thus, find no merit in the submissions of the respondent to the effect that Section 281 constitutes a declaration of charge much less, one which ispreferential to the revenue. The thrust of Section 281 is only a protection to a bonafide purchaser in cases where an errant assessee may seek to alienate property to circumvent anticipated recovery of outstanding arrears payable by him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Bankruptcy Code 2016. In the case of a secured creditor where a prior valid charge exists, as in the present case where the mortgage has been created on 10.02.2014, the provisions of Section 281 would not serve to disturb the same. 26. A matter similar to the present one came up for consideration before the Andhra Pradesh and Telangana High Court (prior to bifurcation) in the case of ICIC ..... X X X X Extracts X X X X X X X X Extracts X X X X
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