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TMI Blog2023 (10) TMI 491X X X X Extracts X X X X X X X X Extracts X X X X ..... vs Joint Commissioner of Sales and Anr [ 2022 (9) TMI 163 - BOMBAY HIGH COURT ] held that the secured creditor would have the priority charge, as contemplated under Section 26E of the SARFAESI Act, 2002, in case the same is registered under Section 26B of the SARFAESI Act, 2002. The secured creditors, in these petitions claims that their security is registered under Section 26B of the SARFAESI Act, 2002. In view of the Full Bench judgments, it is held that the secured creditor has priority charge over the claims of the Sales Tax, Commercial Tax and Income Tax - In case auction is held by the secured creditors and the sale certificates are not placed and/or registered, then the Registering Authority may register the same, notwithstanding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate General assisted by Mr.M.Venkateswaran Special Government Pleader (Tax) for R1, Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R2 For the Respondents in W.P.No.14596 of 2021 : Mr.Haja Nazirudeen Additional Advocate General assisted by Mr.M.Venkateswaran Special Government Pleader (Tax) for R2, Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 For the Respondents in W.A.No.365 of 2022 : Mr.Haja Nazirudeen Additional Advocate General assisted by Mr.M.Venkateswaran Special Government Pleader (Tax) for R1 For the Respondents in W.A.No.267 of 2023 : Mr.D.Krishna Pradeep for R1 R2, Ms.Ananda Gomathy Murugesan for R3 F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce and held that the rights of the secured creditors to realise secured debts, due and payable to them, by sale of assets over which security interest is created, shall have priority and shall be paid in priority over all other debts and Government dues including revenues, taxes, cesses and rates due to the Central Government, State Government or Local Authority. 6. The Full Bench of the Bombay High Court. In the case of Jalgaon Janta Sahakari Bank Ltd. and Anr vs Joint Commissioner of Sales and Anr [2022 Online SCC Bom 1767] held that the secured creditor would have the priority charge, as contemplated under Section 26E of the SARFAESI Act, 2002, in case the same is registered under Section 26B of the SARFAESI Act, 2002. The secure ..... X X X X Extracts X X X X X X X X Extracts X X X X
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