Supreme Court · 2009 INSC 286 · Decided 27 February 2009
Central Bank of India v. State of Kerala and ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 286 · [2009] 3 S.C.R. 735
- Case number
- CIVIL APPEAL No. 95/2005
- Decided
- 27 February 2009
- Bench
- B.N. AGRAWAL, G.S. SINGHVI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 254; Transfer of Property Act Section 69, 69A; SARFAESI Act Section 34
Headnote
Debt Recovery: Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - s.34 - Securitisation and Reconstruction of Financial Assets and Enforcement of c Security Interest Act, 2002 - s.35 - Bombay Sales Tax Act, 1959 - s.38C- Kera/a General Sales Tax Act, 1963- s.26B First charge- under State legislations .. would be first charge on the property of the dealer- ORT Act D and Securitisation Act do not create first charge in favour of banks, financial institutions and other secured creditors - Provisions contained in s.38C of the Bombay Sales Tax Act and s.26B of Kera/a
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