TaxTMI 
TaxTMI 
2021 (6) TMI 150
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....shnadass, learned Special Government Pleader appearing for the first respondent, Mr.K.Sathiya Singh, learned Additional Government Pleader appearing for the second respondent and Mr.D.Stanley David, learned Counsel appearing for the third respondent. 2.This writ petition has been filed by the State Bank of India, to register the Sale Certificate dated 20.02.2020, issued in respect of the schedule mentioned property by the petitioner Bank and for a consequential direction to efface / delete the encumbrance attachment entry dated 21.12.2018 in Doc.No.73/2018, on the file of the second respondent, the Joint IV Sub-Registrar, Madurai South, Madurai as against Item No.1 & 2 of schedule mentioned property. 3.The legal issue involved in this wri....
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.....~627, in the case of D.Senthil Kumar and others v. Commercial Tax Officer, Brough Road, Erode and another; ix) (2007) 1 MLJ 1, in the case of UTI Bank Ltd., Chennai v. Deputy Commissioner of Central Excise, Chennai II Division, Chennai and another; x) (2016) 6 CTC 769, in the case of Assistant Commissioner (CT), Anna Salai III Assessment Circle v. Indian Overseas Bank, Central Office and another; xi) 2016 SCC OnLine Mad 18565, in the case of Ansari v. Commercial Tax Officer, Koyambedu Assessment Circle, Chennai and another; and xii) 2016 SCC OnLine Mad 33329, in the case of State Bank of India v. Assistant Commissioner (CT), Puraswalkam Assessment Circle, Chennai. 6.Mr.H.Velavadhas, learned Counsel appearing for the 9th resp....
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....ls Ltd., reported in 2020 (6) CTC 313, wherein, the aforesaid principle has been reiterated. In the said case, the learned Single Judge has held that the mortgage being earlier, it creates a right in favour of the mortgagee and therefore, even the order of attachment passed by the Civil Court will have to yield. In the said judgment also, the learned Single Judge made reliance upon the judgment of the Division Bench in S.Senthamarai Kannan v. Chief Manager, Canara Bank, Palani Branch, Dindigul District [CDJ 2020 MHC 2555]. 10.In the case on hand also, the registered mortgage was admittedly prior. The 9th respondent in W.P.(MD)No.6976 of 2020 / 8th respondent in W.P.(MD)No.1101 of 2021 sought for an attachment in an arbitration proceeding....
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.... the upholding of one-s own existing right, which is prior to the loan given by the 9th respondent in W.P.(MD)No.6976 of 2020 / 8th respondent in W.P.(MD)No.1101 of 2021, in favour of the borrowers. Certainly, a mortgage deed creates right over the properties mentioned thereunder in favour of the mortgagee. 13.Therefore, looking from any perspective, we are of the view that the petitioner Bank cannot be denied the relief as sought for. In such view of the matter, both the writ petitions stand allowed. The first respondent in both the writ petitions are directed to register the sale certificates issued by the petitioner Bank in favour of the respondents 7 & 8 in W.P.(MD)No.6976 of 2020 and the 7th respondent in W.P.(MD)No.1101 of 2021. Co....
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....department of the government concerned, would have the 'Priority of Charge' over the mortgaged property in question, with regard to the tax and other dues. b) As to the status and the rights of a third party purchaser of the mortgaged property in question.'' 2.We are of the view that if there was at all any doubt, the same stands resolved by view of the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016, Section 41 of the same seeking to introduce Section 31B in the Principal Act, which reads as under:- ''31B.Notwithstanding anything contained in any other law for the time being in force, the rights of secured creditors to realise secured debts due ....