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2008 (8) TMI 568 - HIGH COURT OF ANDHRA PRADESHWinding up - Delivery of property to liquidator - whether the claim of a secured creditor has precedence over the right of the concerned Government Department, to recover dues of tax, the customs duty in particular? Held that:- The company court had assumed to itself, the jurisdiction not conferred upon it, by the Companies Act. If the proceedings initiated by the appellant were defective in any manner or contrary to the provisions of the Customs Act, the aggrieved party was entitled to pursue its remedies before the appellate forum constituted under that Act or in any other forum. By no stretch of imagination, the company court can be said to have the jurisdiction to pronounce upon the legality, or otherwise of the proceedings arising under the Customs Act. Appeal allowed. The liability of a company to pay the customs duty on the imported goods shall remain unaffected by the proceedings of winding up, initiated against such company; and the claim of a secured creditor against imported, but uncleared goods shall not have any precedence over the right of the Customs Department, to proceed against such goods, to recover the dues of customs duty.
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