The Priority of Secured Creditors in Financial Recoveries: A Comprehensive Analysis of Central Bank of India vs. State of Himachal Pradesh & Ors

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..... The landmark judgment of the Himachal Pradesh High Court in the case of Central Bank of India vs. State of Himachal Pradesh & Ors (2023) illuminates a pivotal issue in the realm of secured lending and financial recoveries in India. This case delves into the intricate balance between the rights of secured creditors and the claims of government departments, particularly in the context of tax liabili .....

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..... edence over the claims of the state government for tax dues. * Applicability of SARFAESI Act: The court examined the provisions of the SARFAESI Act, especially Section 26E, which stipulates the priority of secured creditors over other debts, including government dues. * Doctrine of Crown Debt: The court also explored the doctrine of Crown Debt, which traditionally grants the government a p .....

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..... iple that secured creditors have a superior claim over the assets pledged as security, even against government dues. * Overriding Effect of SARFAESI Act: It emphasizes the overriding nature of the SARFAESI Act over other laws, including those pertaining to government dues. * Limitation of Crown Debt Doctrine: The case limits the traditional Crown Debt doctrine, particularly in the context .....

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..... lead to more robust credit practices, given the reinforced security of collateral. In conclusion, the Central Bank of India vs. State of Himachal Pradesh & Ors case serves as a landmark decision, setting a precedent that balances the rights of secured creditors against government claims, thereby fostering a more stable and predictable environment for secured lending in India. Full Text: 2023 (8 .....

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