https://www.taxtmi.com/caselaws?id=379917 A State attachment under the Maharashtra protection law could not defeat registration of a sale certificate issued after a secured creditor's auction under the SARFAESI framework. Applying constitutional repugnancy principles and the statutory priority given to secured creditors, the judgment states that secured debt prevails over competing government or attachment claims, so refusal to register the certificate was unsustainable. On territorial jurisdiction, it held that a High Court may entertain a writ where a material part of the cause of action arises within its territory; since the property, auction, and lending branch were located there, the territorial objection failed and registration was directed. en-us Mon, 06 May 2019 00:00:00 +0530 Thu, 14 Nov 2024 14:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=379917 A State attachment under the Maharashtra protection law could not defeat registration of a sale certificate issued after a secured creditor's auction under the SARFAESI framework. Applying constitutional repugnancy principles and the statutory priority given to secured creditors, the judgment states that secured debt prevails over competing government or attachment claims, so refusal to register the certificate was unsustainable. On territorial jurisdiction, it held that a High Court may entertain a writ where a material part of the cause of action arises within its territory; since the property, auction, and lending branch were located there, the territorial objection failed and registration was directed. Case-Laws Indian Laws Mon, 06 May 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=379917