Quick Glance (AI)Headnote
Priority of secured creditors under SARFAESI remains unresolved after a delayed challenge was dismissed without examining the legal issues.
Priority of a registered security interest under the SARFAESI Act over crown debts, including sales tax, commercial tax and income-tax dues, depends on the statutory registration and priority framework. The issues also concern registration of auction sale certificates despite attachments and remittance of auction-sale surplus to tax departments. The Special Leave Petition challenging these matters was dismissed because the 878-day delay was not satisfactorily explained. The legal questions on priority, attachment and sale-certificate registration were left open for determination in an appropriate matter.
Priority of charge - security interest realised under SARFAESI Act, 2002 - registration of security under Section 26B of the SARFAESI Act, 2002 - priority contemplated by Section 26E of the SARFAESI Act, 2002 - crown debt including Sales Tax, Commercial Tax and Income Tax - power of Registering Authority to register sale certificates notwithstanding attachment - remittance of surplus proceeds from auction sale to tax departments Delay of 878 days in filing this Special leave Petition - HELD THAT:- The reasons assigned for seeking condonation of delay are neither satisfactory nor sufficient in law so as to be condoned. Hence, the Special Leave Petition is dismissed on the ground of delay. However, the question of law, if any, is left open to be raised in any other appropriate case. We pass this order by following our earlier Tax Recovery Officer Income Tax Department vs. Devaki Thirunavakkarau & Ors [2025 (2) TMI 1996 - SC ORDER] where there was only 326 days of delay arising from the very same impugned order and we had passed the similar order.