https://www.taxtmi.com/caselaws?id=110893 An attachment in revenue recovery proceedings does not by itself create an enforceable charge over a company's property in liquidation. Unregistered charges under the Companies Act, 1956 remain void against the liquidator and creditors, and the scheme of the Companies Act prevails unless a special statute clearly overrides it. The Kerala Revenue Recovery Act, 1968 did not convert the dues into Government dues, so section 537(2) did not apply. In the absence of a clear overriding provision, the creditor was required to proceed under section 446 and obtain the company court's leave before sale of the attached properties. en-us Fri, 29 Sep 2006 00:00:00 +0530 Fri, 21 Feb 2025 13:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110893 An attachment in revenue recovery proceedings does not by itself create an enforceable charge over a company's property in liquidation. Unregistered charges under the Companies Act, 1956 remain void against the liquidator and creditors, and the scheme of the Companies Act prevails unless a special statute clearly overrides it. The Kerala Revenue Recovery Act, 1968 did not convert the dues into Government dues, so section 537(2) did not apply. In the absence of a clear overriding provision, the creditor was required to proceed under section 446 and obtain the company court's leave before sale of the attached properties. Case-Laws Companies Law Fri, 29 Sep 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110893