The SC addressed complex jurisdictional issues involving ...

Secured Creditors Lose Priority: Legislative Supremacy Affirmed in Complex Financial Asset Attachment Dispute

May 21, 2025

Case Laws Money Laundering SC

The SC addressed complex jurisdictional issues involving legislative powers under the Constitution's federal structure, specifically concerning priority of interests in attached assets under PMLA, MPID Act, SARFAESI Act, and IBC. The Court held that secured creditors do not have priority over assets attached under PMLA and MPID Act through SARFAESI and RDB Acts. Furthermore, properties attached under MPID Act remain available for decree execution despite IBC's moratorium under Section 14. The decision affirms state legislative competence and protects investor interests by preventing financial establishments from circumventing state-level protective legislation through conflicting central laws.

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The SC addressed complex jurisdictional issues involving ...

Secured Creditors Lose Priority: Legislative Supremacy Affirmed in Complex Financial Asset Attachment Dispute

May 21, 2025

Case Laws Money Laundering SC

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