Dues of Secured Creditor would prevail over State Tax Department dues: HC

Jalgaon Janta Sahakari Bank Ltd. Vs Joint Commissioner of Sales Tax (Bombay High Court) Dues Of Secured Creditor would prevail over State Tax Department dues to Article 254 of the Constitution of India Conclusion: In present facts of the case, the Hon’ble Bombay High Court held that rights created by SARFAESI Act would have the overriding effect over any State Acts and accordingly Secured Creditor would have first right over the State Tax Departments. Also, it was held that if any provision therein is discerned to be seemingly inconsistent with any provision in a State legislation, reconcili...