2022 (7) TMI 798

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Mr. N. Dhilipkumar Standing Counsel for R.1 Mr. K. S. Selvaganesan Additional Government Pleader for R.2 ORDER Heard the learned counsel for the writ petitioner, the learned Standing Counsel appearing for the first respondent and the learned Additional Government Pleader appearing for the second respondent. 2. Considering the nature of relief to be granted, issuance of notice to the third re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ent in W.P.Nos.27409 & 27411 of 2019 and 1251 of 2018 dated 21.04.2021 wherein it was held as follows: "24. I thus, find no merit in the submissions of the respondent to the effect that Section 281 constitutes a declaration of charge much less, one which ispreferential to the revenue. The thrust of Section 281 is only a protection to a bonafide purchaser in cases where an errant assessee may see....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ly exception, is as per the Explanation to Section 26E, cases pending under the Insolvency and Bankruptcy Code 2016. In the case of a secured creditor where a prior valid charge exists, as in the present case where the mortgage has been created on 10.02.2014, the provisions of Section 281 would not serve to disturb the same. 26. A matter similar to the present one came up for consideration befo....