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      Question

      Under Section 31B, secured creditors have priority in

      repayment over which of the following?
      A Only unsecured creditors and trade creditors Correct Answer Incorrect Answer
      B All other debts AND Government dues including revenues, taxes, cesses and rates due to Central/State Government or local authority Correct Answer Incorrect Answer
      C Only dues to State Governments, not Central Government dues Correct Answer Incorrect Answer
      D Dues to other private banks but not Government dues Correct Answer Incorrect Answer
      E Only other secured creditors with lower priority charges Correct Answer Incorrect Answer

      Solution

      Section 31B (inserted by the 2016 Amendment) provides that notwithstanding anything in any other law, rights of secured creditors to realise secured debts by sale of assets over which security interest is created shall have priority and be paid in priority over ALL other debts AND Government dues, including revenues, taxes, cesses, and rates due to the Central Government, State Government, or local authority. This is a landmark provision - secured creditors rank above even Government tax dues. The Explanation clarifies that when IBC proceedings are pending for the same secured assets, this priority is subject to the priority order under the IBC, 2016.

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