2023 (4) TMI 1259

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....nt / Order / Decisions)<br>Dated:- 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....

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....'s debt. 3. Learned counsel for the respondents 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:- ....

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....arge on the property of the Assessee or any person under the 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 ....

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....r, i.e. the Appellant-bank, will have priority over the dues of the Central Excise Department, as even after insertion of Section 11E in the Central Excise Act, 1944 w.e.f. 08.04.2011, and the provisions contained in the SARFAESI Act, 2002 will have an overriding effect on the provisions of the Central Excise Act of 1944. xxxx" 5. Learned Additional Advocate General has failed to controvert the....