Search Results for "secured creditor priority"

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Search Results for "secured creditor priority"

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High Court

Madras High Court Allows EPF Recovery Over Bank's Mortgage in Priority Dispute Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952. EPF Dues Have Priority Over Secured Creditors Under Section 11 of EPF Act, 1952.

22 Jan 2025

The case involves three writ appeals arising from orders of a learned Single Judge in W.P.Nos.15582 of 2010 and 8686 of 2010 dated 21.06.2011. The app...

High Court

Bombay High Court Allows State Bank of India's Appeal Against MPID Act Attachment Order — Bank's Claim Over Property Prevails as Mortgage Was Prior to Default. Secured Creditor's Priority Under Section 31B of RDDBFI Act and Section 26E of SARFAESI Act Overrides MPID Act Attachment.

30 Nov -0001

The case involves an appeal by State Bank of India (SBI) against an order of the Special Court under the Maharashtra Protection of Interest of Deposit...

Tribunals

NCLAT Allows Appeal of Financial Creditor Against Classification as Unsecured Creditor in Liquidation Proceedings. The Tribunal remanded the matter for fresh consideration of whether the creditor's claim based on bill discounting facilities should be treated as secured or unsecured under the Insolvency and Bankruptcy Code, 2016.

3 Jul 2025

The appeal was filed by Bizloan Private Limited, a financial creditor, against the order of the National Company Law Tribunal, Mumbai Bench, dated 19....

High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

High Court

High Court of Karnataka Hears Company Applications for Recall of Attachment and Leave to Sell Property in Winding-Up of BPL Engineering Limited. Issues Raised Include Whether SARFAESI Act Overrides Tax Department's Statutory First Charge under the Andhra Pradesh General Sales Tax Act and Central Sales Tax Act.

2 Jul 2026

The matter pertained to competing claims over an immovable property of BPL Engineering Limited (in liquidation), situated at Pashamylaram Village, San...

High Court

High Court of Karnataka Dismisses State's Appeal in Revenue Recovery Dispute Against Company in Liquidation. Priority of secured creditor's claim under Section 529A of Companies Act, 1956 upheld over State's statutory dues under Karnataka Land Revenue Act, 1964.

18 Sep 2025

The case involves an appeal by the State of Karnataka and its officers against an order of the Company Judge dated 03.11.1998 in Company Application N...

High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

High Court

Karnataka High Court Hears Writ Petition Challenging Sub-Registrar's Refusal to Register Sale Certificate Amid Prior Income Tax and Co-operative Bank Attachments. Court Examines Whether SARFAESI Act Sale Overrides Earlier Tax Attachments and Whether Sub-Registrar Can Refuse Registration on Grounds of Attachment.

27 May 2025

The petitioner, a private company, participated in a public auction conducted by State Bank of Patiala under Section 13(4) of the SARFAESI Act for a r...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

1 Sep 2023

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

Supreme Court

Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

3 Jan 2024

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

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