Secured Creditors' Priority Over Customs Duty: Bank's Mortgage Precedes Customs Department's Attachment Order.

Recovery of customs duty / dues - Perior over secured creditors - Validity of order of attachment - Admittedly the bank had executed mortgage of deposit of title deeds on 31.07.1997, which is prior to the attachment of the Customs Department which was passed on 01.11.2004. Therefore, financial institution is having 1st charge as secured creditor than the crown debt. Hence, the impugned attachment cannot sustain the scrutiny of law. - HC .....

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