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december 2008

Supreme Court of India · 2008-12-05

Union Of India & Ors vs Sicom Ltd. & Anr

Citation / case number
2009 AIR SCW 635
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Sicom Ltd. & Anr
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the priority of dues under the Central Excise Act over secured debts under the State Financial Corporation Act, 1951. It held that while Central Excise dues can be recoverable as land revenue, they do not automatically take precedence over secured debts. The Court emphasized that the priority of claims depends on the nature of the security and the specific provisions of the law, affirming the High Court's decision that the first respondent's mortgage had priority over the Central Excise dues.

Union Of India & Ors vs Sicom Ltd. & Anr · Niyam