Supreme Court · 2023 INSC 1079 · Decided 7 December 2023

Punjab & Sind Bank v. The State of Punjab & ANR.

Court
Supreme Court of India
Citation
2023 INSC 1079 · [2023] 15 S.C.R. 903
Case number
CIVIL APPEAL No. 6751/2023
Decided
7 December 2023
Bench
ANIRUDDHA BOSE, SUDHANSHU DHULIA, AUGUSTINE GEORGE MASIH (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
SARFAESI Act Section 35, 13(2)

Headnote

HEADNOTES Issue for consideration: High Court whether justifi ed in sustaining the State's claim of priority in respect of dues under the Punjab Value Added Tax Act, 2005 of the Respondent no.2 (defaulting borrower), superseding the bank's claim based on over its immovable property. Punjab Value Added Tax Act, 2005 - s.35 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - s.35 - Implication - Claim of primacy over the assets of the defaulting borrower - Bank

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