SHERRY JACOB Vs. CANARA BANK

JUDGEMENT

(1.) This bunch of 5 cases -- 2 Writ Appeals and 3 Original Petitions -- has thrown up an important question for our consideration. Since the parties and issues involved are the same, we are disposing of these cases by this common judgment.

(2.) Can the State claim precedence or primacy for its debts over the claims of a secured creditor To be a little more specific -- Can the State enforce a statutory first charge on the property of a debtor, in preference to an existing mortgage in favour of a secured creditor

(3.) A brief reference to some of the essential facts is necessary to answer the above question.