Supreme Court of India · 2008-12-05
UNION OF INDIA vs SICOM LTD.
- Citation / case number
- SC 2007/7267
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- SICOM LTD.
- Author
- S.B. Sinha
- Bench
- S.B. SINHA,CYRIAC JOSEPH, , ,
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 recovered as land revenue, they do not take precedence over the first charge held by the financial corporation on mortgaged properties. The Court emphasized that the provisions of Section 169 of the Maharashtra Land Revenue Code, 1966, establish that arrears of land revenue are a paramount charge, but this does not diminish the priority of secured debts. The outcome affirmed the High Court's decision that the financial corporation's claim takes precedence over the Central Excise dues.