VidhiSangh

Supreme Court of India · 05/01/2023

KOTAK MAHINDRA BANK LIMITED versus GIRNAR CORRUGATORS PVT. LTD. & ORS.

[2023] 1 S.C.R. 873 · 2023 INSC 12

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Summary

A Naib Tehsildar refused to execute a District Magistrate's order under Section 14 of the SARFAESI Act to give a bank possession of mortgaged plots. His reason was that recovery certificates on an MSME Facilitation Council award against the same assets were pending. The Madhya Pradesh High Court's Division Bench held that the later MSMED Act, with its non-obstante clause in Section 24, prevails over the SARFAESI Act. The Supreme Court reversed. Sections 15 to 23 of the MSMED Act give MSE dues no priority. Section 26E of the SARFAESI Act, a later non-obstante provision inserted in 2016 and subject only to the IBC, gives secured creditors priority over all other debts. The two laws do not conflict on priority. A Section 14 authority cannot adjudicate disputes, and objectors must go to the DRT under Section 17.

Issues

  1. Whether recovery under an award of the MSME Facilitation Council under the MSMED Act, 2006 prevails over recovery by a secured creditor of secured assets under the SARFAESI Act, 2002.
  2. Whether the revenue authority could refuse to execute an order under Section 14 of the SARFAESI Act because MSMED recovery certificates were pending.

Provisions considered

Held

Result

Civil Appeal No. 6662 of 2022 allowed; the Madhya Pradesh High Court (Indore Bench) Division Bench judgment dated 11.08.2017 set aside and the Single Judge's order restored, with liberty to respondent No. 1 to proceed under Section 17 of the SARFAESI Act; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 873.