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2023 (7) TMI 1309 - HC - Central ExciseRecovery of dues - whether the different departments of State including Excise & Revenue will have priority over the secured creditor's debt? - HELD THAT:- The issue in question is no longer res integra in view of the authoritative judgment of the Hon'ble Supreme Court reported in PUNJAB NATIONAL BANK VERSUS UNION OF INDIA & ORS. [2022 (2) TMI 1171 - SUPREME COURT] where it was held that the dues of the secured creditor, 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. This Court is left with no other option, but to allow this petition by directing respondents No. 4 and 5 to attest mutation of sale deed dated 18.9.2021 (Annexure P-5) issued by the Indian Bank, in favour of the petitioners and further respondents No. 4 and 5 are directed to enter the names of the petitioners as owner of the property in question in the revenue records having been purchased by them in an auction conducted by the Indian Bank under the provisions of SARFAESI Act and respondents No. 2 to 5 are further directed to remove the red entries made in the revenue record/jamabandi of the property in question. Petition disposed off.
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