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of <h1>Bank's secured charge from 2013 takes priority over later state department charges from 2015-2018</h1> <h3>State Bank of India Versus State of H.P. & Ors.</h3> State Bank of India Versus State of H.P. & Ors. - TMI Issues Involved:1. Priority of debts between State Departments (Excise and Revenue) and secured creditors.2. Legal precedence of SARFAESI Act over other statutes.Summary:Issue 1: Priority of DebtsThe core issue was whether the debts owed to different State departments, including Excise and Revenue, would take precedence over the debts owed to secured creditors. The petitioner-bank had provided financial assistance to a unit, which later defaulted, leading the bank to initiate recovery proceedings under the SARFAESI Act. The bank's lien on the property was recorded in the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) as of 06.03.2013. Subsequently, the Excise and Taxation Department and the Income Tax Department entered their claims in the revenue records in 2015 and 2018, respectively. The petitioner-bank sought the removal of these entries, asserting its first charge over the property as per Section 26-E of the SARFAESI Act.Issue 2: Legal Precedence of SARFAESI ActThe court noted that the respondents did not dispute the bank's lien as per Section 26 D of the SARFAESI Act, which was established in 2013. The court referenced the Supreme Court's judgment in Punjab National Bank Vs. Union of India & Ors. (2022) 7 SCC 260, which affirmed that secured creditors have the first charge on secured assets, and the provisions of the SARFAESI Act have an overriding effect on other laws, including the Central Excise Act. The court reiterated this position, citing several precedents, including the Kerala High Court's decision in State Bank of India Vs. State of Kerala and others, and other judgments that confirmed the priority of secured creditors over state claims.Conclusion:The court concluded that the petitioner-bank, as a secured creditor with a first charge over the property, had the primary right to realize its dues. The court ordered the removal of the red entries made by the Excise and Taxation Department and the Income Tax Department in the revenue records, thus allowing the petition and affirming the precedence of the SARFAESI Act over other state claims.
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