2023 (4) TMI 1259

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....- 12-4-2023<br>LPA No. 156 of 2021, 158, 159, 161, 163, 164, 170, 171, 176, 177, 182, 201 of 2021, 25 of 2022, 23 and 65 of 2023. - -<br>Central Excise<br>Hon'ble Ms. Justice Sabina, Acting Chief Justice. And Hon'ble Mr. Justice Satyen Vaidya, Judge. For the Appellants : Mr. Mohinder Zharaick, Additional Advocate General in all the LPAs except LPA No. 35 of 2022. Ms. Kavita Kajal, Advocate, on be....

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....dents have submitted that the issue involved in the present appeals is no longer res integra and has been settled by the Hon'ble Supreme Court in Civil Appeal No. 2196 of 2012, titled Punjab National Bank vs. Union of India and others, decided on 24th February, 2022. 4. The relevant portion of the order dated 24th February, 2022 reads as under:- "37. Secondly, coming to the issue of priority of....

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.... Act of 1944. Therefore, in the event like in the present case, where the land building, plant machinery, etc. have been mortgaged/hypothecated to a secured creditor, having regard to the provision contained in Section 2(zc) to (zf) of SARFAESI Act, 2002, read with provisions contained in Section 13 of the SARFAESI ACT, 2002, the Secured Creditor will have a First Charge on the Secured Assets. Mor....