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    <title>Secured creditor priority does not release benami property from attachment, while notice challenge fails without proven prejudice.</title>
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    <description>Notice to a mortgagee bank in benami attachment proceedings was not treated as defective where the bank knew of the adjudication, could approach the Adjudicating Authority, and failed to show prejudice; its challenge to confirmation of attachment therefore failed. Secured-creditor priority under SARFAESI did not require release of mortgaged benami property, because attachment serves prospective confiscation rather than government-debt recovery. The bank was required to seek recovery from other mortgaged securities first and could make a statutory claim if any dues remained unrecovered. The attachment remained confirmed.</description>
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    <pubDate>Fri, 18 Sep 2026 07:31:58 +0530</pubDate>
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      <title>Secured creditor priority does not release benami property from attachment, while notice challenge fails without proven prejudice.</title>
      <link>https://www.taxtmi.com/highlights?id=103900</link>
      <description>Notice to a mortgagee bank in benami attachment proceedings was not treated as defective where the bank knew of the adjudication, could approach the Adjudicating Authority, and failed to show prejudice; its challenge to confirmation of attachment therefore failed. Secured-creditor priority under SARFAESI did not require release of mortgaged benami property, because attachment serves prospective confiscation rather than government-debt recovery. The bank was required to seek recovery from other mortgaged securities first and could make a statutory claim if any dues remained unrecovered. The attachment remained confirmed.</description>
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      <law>Benami Property</law>
      <pubDate>Fri, 18 Sep 2026 07:31:58 +0530</pubDate>
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