Dena Bank vs Bhikhabhai PrabhudaParekh & Co. & Ors.
Whether recovery of sales-tax dues (Crown debt) has precedence over the right of a secured creditor (bank) to proceed against mortgaged property --- Held No, unless specific statutory provision grants such precedence. Whether property belonging to partners can be proceeded against for recovery of sales-tax dues assessed against the partnership firm --- Held Yes, under specific statutory provisions making partners jointly and severally liable.
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