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    <title>2025 (4) TMI 1593 - MADRAS HIGH COURT</title>
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    <description>A secured creditor&#039;s mortgage created in 1991 was treated as having priority over the Commercial Taxes Department&#039;s later recovery claim in respect of the mortgaged property and lease rentals. Section 26E of the SARFAESI Act was applied as a special priority provision for registered security interests, with overriding effect notwithstanding other laws. Section 24 of the Tamil Nadu General Sales Tax Act was noted as creating a charge and recovery mechanism, but not a first charge. On that basis, the sales tax recovery notices and communications were found unsustainable, and revenue authorities&#039; reliance on cases involving express first-charge statutes was distinguished.</description>
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    <pubDate>Wed, 16 Apr 2025 00:00:00 +0530</pubDate>
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      <description>A secured creditor&#039;s mortgage created in 1991 was treated as having priority over the Commercial Taxes Department&#039;s later recovery claim in respect of the mortgaged property and lease rentals. Section 26E of the SARFAESI Act was applied as a special priority provision for registered security interests, with overriding effect notwithstanding other laws. Section 24 of the Tamil Nadu General Sales Tax Act was noted as creating a charge and recovery mechanism, but not a first charge. On that basis, the sales tax recovery notices and communications were found unsustainable, and revenue authorities&#039; reliance on cases involving express first-charge statutes was distinguished.</description>
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