1996 (7) TMI 155 - HC - Central Excise

Court orders Bank to repay Union of India, clarifying statutory duty vs. preferential treatment

The High Court ruled in favor of the Union of India, stating that the Company's obligation to return the amount deposited by the Department was a ... Recovery of sums due to Government Issues:- Whether Union of India can claim preference over other creditors because the Company is already ordered to be wound upRs.Analysis:The judgment in question revolves around the issue of whether the Union of India can claim preference over other creditors in a winding-up scenario. The matter originated from a previous order by Justice S.D. Shah, who left the specific point open for further consideration. The case progressed through various judicial stages before reaching the current High Court bench of N.J. Pandya and A.R. Dave, JJ. The Union of India's claim pertains to the recovery of excise amounts deposited by the Company, challenging a decree in its favor. The nature of this claim is not a simple debt but involves statutory interpretation. The Supreme Court's interpretation of relevant statutes, particularly Section 11(b) of the Central Excises and Salt Act, 1944, with retrospective effect, plays a crucial role in determining the outcome.The Court highlighted that the Company's obligation to return the amount to the Union of India was not akin to a typical debtor-creditor transaction but rather a statutory obligation based on the Supreme Court's precedent. The Company had initially received money from the Department, with a Bank Guarantee furnished by a bank as security. The Court emphasized that the Company's obligation to return the money was a result of the litigation's outcome favoring the Department, not a preferential treatment of one creditor over another. The judgment clarified that the money should have rightfully been with the Union of India and not retained by the Company, leading to the necessity of the Bank's guarantee.Ultimately, the Court directed the Bank to deposit the amount owed to the Union of India, providing the Bank with the option to deposit the sum either in court or directly to the government. The judgment made it clear that the Bank's fulfillment of its obligation through payment to the Assistant Commissioner of Central Excise and Customs would discharge its guarantee. The Court ruled in favor of the Union of India, emphasizing the statutory and judicial precedents governing the case and the Company's obligation to honor its commitments as determined by the litigation's outcome.