Court decision

No substantive decision was rendered. The Division Bench (Abdul Quddhose and R. Rajesh Vivekananthan, JJ.) merely recorded the Bank's citations and, as the 1st respondent's counsel was not ready, posted the matter for final arguments on 09.09.2026. On this extract, no party can be said to have won or lost on the priority question.

Facts

The extract discloses no underlying facts about any goods, seizure or confiscation: it is effectively an order-sheet in a writ appeal. The appellant is Indian Overseas Bank (Asset Recovery Management Branch, Coimbatore), asserting secured-creditor rights in proceedings involving M/s. Hi-Tech Minerals Industries Covai Pvt. Ltd., a company in liquidation, against the Assistant Commissioner of Central Excise and Service Tax, Salem. SKM Animal Feeds and Foods (India) Pvt. Ltd. was impleaded as fourth respondent by order dated 17/04/2024. The appeal raises whether the bank's priority under Section 26-E of the SARFAESI Act, 2002 displaces the department's statutory charge under Section 142-A of the Customs Act, 1962.

Key provisions

• Section 142, Customs Act, 1962 — Recovery of sums due to Government
• Section 26, Customs Act, 1962 — Refund of export duty in certain cases