Review of the order - Recovery of dues - priority of charges - ...

Secured Creditors' Rights Upheld: Court Affirms Priority Over Government in Asset Sale Proceeds Dispute.

April 9, 2024

Case Laws VAT and Sales Tax HC

Review of the order - Recovery of dues - priority of charges - secured creditor have a prior right over the relevant Department of the Government to appropriate the amount realized by the sale of a secured asset - The High court agreed with the submissions made by Ms. Jeejeebhoy (for Revenue) that the discovery of new particulars would not assist the petitioner in the review proceedings. The court emphasized that the findings in paragraph 237, which referred to paragraph 154 of the judgment, were crucial in determining the outcome of the case. Paragraph 154 underscored the significance of following legal procedures, particularly regarding the attachment and proclamation of the defaulter's property. - The court affirmed that the respondent, the Sales Tax Department, had adhered to the legal procedures, as observed and accepted by the court.

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Review of the order - Recovery of dues - priority of charges - ...

Secured Creditors' Rights Upheld: Court Affirms Priority Over Government in Asset Sale Proceeds Dispute.

April 9, 2024

Case Laws VAT and Sales Tax HC

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