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2015 (2) TMI 136 - HC - Central ExciseRecovery of excise duty - First charge or not - Petition a sick company - Protection granted under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 - Application of section 11E - Held that:- Examining the principles laid down in the said judgment to the facts of the present case, we find that Section 11E of the Excise Act gives overriding effect over the provisions of all Central and State statutes except to the extent of the dues of the workmen and the secured creditors. In Central Bank of India case (2009 (2) TMI 451 - SUPREME COURT OF INDIA), the issue was considered in relation to the first charge given under the statute framed by the State Legislature vis-à-vis law framed by the Parliament. But in the present case, the issue pertains to the Statutes framed by the Parliament. Since Section 11E of the Excise Act was inserted after the enactment of the Act giving first charge over the dues of the central excise, thus, it will have overriding operation over the provisions of the Act.
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