Suhail S vs The District Collector on 2 July, 2021
In TDB v Deputy Examiner, Local Fund Audit and
Others, [2020 (3) KHC 129] a Division Bench of this Court had occasion to
observe that the sale carried out either under the SARFAESI Act or under the
RDB Act takes precedence even over the statutory charges due to the
Government created under KVAT Act or under other State Enactments after
the Amendment Act of 2016. A secured creditor in whose favour a security
interest has been created thus has priority in sale and payment over all other
statutory charge holders. In that view of the matter, the petitioner is entitled
to succeed.