VidhiSangh

Supreme Court of India · 07/12/2023

PUNJAB & SIND BANK versus THE STATE OF PUNJAB & ANR.

[2023] 15 S.C.R. 903 · 2023 INSC 1079

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Summary

The Supreme Court upheld Punjab’s statutory first charge for VAT dues over the bank’s secured claim in proceedings commenced before Section 26E of the SARFAESI Act became operative. The general overriding clause in Section 35 of SARFAESI did not displace the specific statutory priority under Section 35 of the Punjab VAT Act.

Issues

  1. Whether the bank’s secured debt prevailed over the State’s statutory first charge for VAT dues.
  2. Whether Section 26E of SARFAESI applied to the earlier recovery action.

Provisions considered

Held

Result

Appeal dismissed; the High Court judgment sustaining the State’s priority affirmed. Pending applications disposed of; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 903.