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december 2008

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.

UNION OF INDIA vs SICOM LTD. · Niyam