9911796707
TMI Blog2018 (2) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent : Mrs.G.Dhanamadhri, Mr.J.Pothiraj, Mr.Avinash Wadhwani, Mr.K.Ramu ORDER Heard Mr.M.L.Ganesh, learned counsel for the petitioner, Mrs.G.Dhanamadhri, learned Government Advocate for the first respondent, Mr.J.Pothiraj, learned Special Government Pleader for the second respondent, Mr.Avinash Wadhwani, learned counsel for the third respondent and Mr.K.Ramu, learned counsel for the fourth resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nger res integra and has been decided by a Full Bench of this Court in the case of The Assistant Commissioner (CT) vs. the Indian Overseas Bank and another in W.P.Nos.2675 of 2011 etc., batch dated 10.11.2016, to which I was a party and the Court held that financial institution, which is a secured creditor would have 'Priority of Charge' over the mortgaged property over and above the Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016, Section 41 of the same seeking to introduce Section 31B in the Principal Act, which reads as under:- ''31B. Notwithstanding anything contained in any other law for the time being in force, the rights of secured creditors to realise secured debts due and payable to them by sale of assets over which security i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government dues including revenues, taxes, cesses and rates due to the Central Government, State Government or Local Authority. This section introduced in the Central Act is with ''notwithstanding'' clause and has come into force from 01.09.2016. 4.The law having now come into force, naturally it would govern the rights of the parties in respect of even a lis pending. 5.T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged property by the Sales Tax Department is held to be without jurisdiction and accordingly, this writ petition to that extent is allowed and the attachment effected by the first respondent shall stand removed forthwith. This order shall be intimated by the first respondent to the second respondent to make necessary entry in his records. No costs. Consequently, connected miscella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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