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TMI Blog2024 (11) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... r sales tax dues or VAT dues is of no availand has no efficacy in law in view of the provisions of SARFAESI Act and the RDB Act. The property in question was sold by respondent no.6-Bank under the provisions of SARFAESI Act and the petitioners were successful purchasers and the sale certificate is issued and sale deed is also executed by which the petitioners have become absolute owners of the property and therefore considering the existing position of law, the charge created by the respondent State over the property in question in the year 2018, cannot be sustained and is accordingly quashed and set aside and as a consequence the mutation entries in revenue records also stands deleted.' In view of the above settled legal position, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any is having registered office at 7th Floor, Cnergy, Appasaheb Marathe Marg, Prabhadevi, Mumbai-400025. It is the case of the petitioner that the original lender i.e. State Bank of Saurashtra had advanced a loan/credit facility to the M/s. Samay Electronics Pvt. Ltd. for Rs.4250.00 Lakhs in the year 1998 from time to time. M/s. Samay Electronics Pvt. Ltd. at the relevant point of time created mortgage upon its property situated at Village: Virpar, Tal:Tankara, Dist:Morbi bearing Plot No. 1 land admeasuring 2527.20 sq.mtr., Plot No. 2 land admeasuring 2672.16 sq. mtr., Plot No. 3 land admeasuring 6563.56 sq. mtr., Plot No. 4 land admeasuring 3395.00 sq.mtr., Plot No. 5 land admeasuring 6482.68 sq. Mtr., Plot No. 7 land admeasuring 5065.81 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p Gandhi for the petitioner submitted that as per the provisions of Section 26D of the SARFAESI Act, the petitioner has already registered the charge with the Central Registry under the provisions of the SARAFESI Act and accordingly, as per the provisions of Section 26E of the SARFAESI Act, the petitioner is having the priority of the charge on the mortgaged property over the dues of the respondents-State. 4.2. It was further submitted that as per the settled legal position as held by this Court in case of Kalupur Commercial Co-operative Bank Limited versus State of Gujarat rendered in Special Civil Application No. 17891 of 2018 as well as the decision in case of Partners of Siddheshwar Tax Fab Ors versus State of Gujarat Ors rendered in Sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de confined to the facts of the said case as observed in the subsequent decision of the Apex Court. 37. It is also pointed out by the learned AGP that Papers the Ltd. Decision (Supra) of was the Rainbow considered in review, which is disposed of by the Apex Court as per para 26 and 27 extracted herein above. In such circumstances, we are of the decision opinion of the that Hon ble the Apex subsequent Court, in case of Rainbow Papers Ltd. (Supra) would not be applicable with regard to the applicability of provision of Section 26E of the SARFAESI Act as well as provisions of Section 31B of RDB Act vis- -vis-Section 48 of the vat Act as analysed and discussed by this Court in Kalupur Commercial Cooperative Bank (Supra). 38. In view of the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in question was sold by respondent no.6-Bank under the provisions of SARFAESI Act and the petitioners were successful purchasers and the sale certificate is issued and sale deed is also executed by which the petitioners have become absolute owners of the property and therefore considering the existing position of law, the charge created by the respondent State over the property in question in the year 2018, cannot be sustained and is accordingly quashed and set aside and as a consequence the mutation entries in revenue records also stands deleted. The petition accordingly succeeds in the aforesaid terms. Rule is made absolute to the aforesaid extent. No order as to costs. 7. In view of the above settled legal position, the attachment order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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