VidhiSangh

Supreme Court of India · 24/02/2022

PUNJAB NATIONAL BANK versus UNION OF INDIA & ORS.

[2022] 1 S.C.R. 661 · 2022 INSC 230

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Summary

The Excise Department relied on confiscation orders made in 2007 to resist enforcement of a bank’s security over the borrower’s assets. The Court held that the confiscation power under Rule 173Q(2) had been omitted in 2000 and the later orders lacked jurisdiction. The statutory savings did not preserve that power in light of the contrary legislative intention. It also held that the secured bank’s dues had priority over the excise dues, and allowed the appeal, quashing both confiscation orders.

Issues

  1. Whether confiscation of land, buildings and machinery could be ordered under an omitted rule.
  2. Whether statutory savings preserved those confiscation proceedings.
  3. Whether the secured bank’s dues had priority over excise dues.

Provisions considered

Held

Result

Appeal allowed. Confiscation orders of 26 and 29 March 2007 quashed; the secured bank’s dues held to have priority over the Central Excise Department’s dues.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 661.