VidhiSangh

Supreme Court of India · 28/04/2023

STATE OF HIMACHAL PRADESH AND OTHERS versus M/S A.J. INFRASTRUCTURES PVT. LTD AND ANR.

[2023] 4 S.C.R. 773 · 2023 INSC 446

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court restored the validity of Himachal Pradesh’s statutory first charge for sales-tax dues, holding that the former recovery statutes’ overriding clauses did not themselves give banks priority. Nevertheless, the State obtained no recovery or mutation relief because lawful determination and recovery steps were not established. The declaration was made effective prospectively without reopening old closed cases.

Issues

  1. Whether section 16-B’s first charge was invalid because of the banking recovery legislation.
  2. Whether the State had established the statutory prerequisites for enforcing its asserted charge.
  3. Whether the earlier disposal and recall proceedings prevented correction of the invalidity declaration.

Provisions considered

Held

Result

All appeals disposed of with parties bearing their own costs. Section 16-B was declared valid prospectively from the judgment date; no further relief was granted to the State.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 773.