2004 (1) TMI 652

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....informed that the State had to recover an amount of Rs. 9,62,835 along with interest on account of sales tax from M/s. Maxwell Exim Foods Limited. This Oral. amount was due on account of the levy of sales tax for the assessment year 1991-92. The bank claimed that the property was mortgaged with it and that on the security of the property, it had given loan to the said unit. Thus, it had a right t....

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....on". It is, thus, clear that the State has a statutory right. This right is notwithstanding even a provision to the contrary contained in any other law. Thus, it would override a right under any agreement, etc. In view of the statutory right vesting in the State, the view taken by the learned single Judge is correct. 5. Mr. Subramani submits that the land was mortgaged with the bank prior to the....