https://www.taxtmi.com/caselaws?id=253306 Central excise dues do not have priority over a secured creditor's rights where the creditor has acquired the security interest by assignment and has initiated measures under the SARFAESI Act. In that situation, the Department cannot restrain the creditor from proceeding with sale of the mortgaged assets. The proper course is for the Department to lodge its claim before the Official Liquidator for adjudication after notice to the concerned parties, and it may also move BIFR by appropriate application in the pending matter. Writ relief to block the secured creditor's enforcement was declined. en-us Thu, 07 Aug 2014 00:00:00 +0530 Sat, 02 Sep 2017 13:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=253306 Central excise dues do not have priority over a secured creditor's rights where the creditor has acquired the security interest by assignment and has initiated measures under the SARFAESI Act. In that situation, the Department cannot restrain the creditor from proceeding with sale of the mortgaged assets. The proper course is for the Department to lodge its claim before the Official Liquidator for adjudication after notice to the concerned parties, and it may also move BIFR by appropriate application in the pending matter. Writ relief to block the secured creditor's enforcement was declined. Case-Laws Central Excise Thu, 07 Aug 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=253306