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    <title>2023 (7) TMI 193 - BOMBAY HIGH COURT</title>
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    <description>A secured creditor with a prior mortgage registered with CERSAI was held to have priority over later State tax dues, because Section 26-E of the SARFAESI Act gives precedence to a duly registered security interest and an unregistered departmental attachment cannot defeat it. The Court also found that revenue entries, mutation and the department&#039;s encumbrance could not override the auction purchaser&#039;s title or block registration of the sale certificate. The departmental lien and charge were therefore ineffective against the secured creditor&#039;s registered claim, and the sale certificate had to be registered free from that encumbrance.</description>
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    <pubDate>Wed, 28 Jun 2023 00:00:00 +0530</pubDate>
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      <title>2023 (7) TMI 193 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=439920</link>
      <description>A secured creditor with a prior mortgage registered with CERSAI was held to have priority over later State tax dues, because Section 26-E of the SARFAESI Act gives precedence to a duly registered security interest and an unregistered departmental attachment cannot defeat it. The Court also found that revenue entries, mutation and the department&#039;s encumbrance could not override the auction purchaser&#039;s title or block registration of the sale certificate. The departmental lien and charge were therefore ineffective against the secured creditor&#039;s registered claim, and the sale certificate had to be registered free from that encumbrance.</description>
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