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2020 Supreme(SC) 681

ASHOK BHUSHAN, R.SUBHASH REDDY, M.R.SHAH
GAJENDRA SHARMA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant :Rajiv Dutta, Kumar Dushyant Singh, Siddharth Dutta, Devesh Chauvia, Mr. Rahul Sharma, Advocates
For the Intervenor :Harish Salve, Mukul Rohatgi, Biswajit Das, Abhigya, Anamika Sharma, Sunita Yadav, Pradeep Kumar Dubey, Siddharth Rajkumar Murarka, Anamika Kushwaha, Nandita Rao, Mahija Reddy, K.N. Agnihotri, Virender Arora, Advocate,
Tushar Mehta, Solicitor General N. Venkataraman, Additional Solicitor General, Mohammed Akhil, Rajat Nair, Kanu Agrawal, Sansriti Pathak, B.V. Balram Das, Anil Katiyar, Advocates
For the Respondent:UOI; Tushar Mehta, Solicitor General, V. Giri, Ramesh Babu M. R., Manisha Singh, Nisha Sharma, Advocates

JUDGMENT

Ashok Bhushan, J.

By this writ petition filed under Article 32 of the Constitution, the petitioner has prayed for directions declaring the notification dated 27.03.2020 issued by Reserve Bank of India as ultra vires to the extent it charges interest on the loan amount during the moratorium period.

2. The petitioner's case and the pleadings in the writ petition briefly noted are:-

    2.1 The petitioner has availed a home loan of amount of Rs.37,48,000/- from the ICICI Bank. After declaration of Coronavirus (COVID-19) as a pandemic by World Health Organisation, the National Disaster Management Authority exercising the jurisdiction under Section 6 of the Disaster Management Act, 2005 to take effective measures to prevent the spread of COVID-19 across the country and for mitigation of the threatening disastrous situation has issued notification dated 27.03.2020 directing the Ministry, Departments of Government of India, State Governments and the State authorities to take measures for ensuring social distancing so as to prevent the spread of COVID-19 in the country. Necessary guidelines were also issued under Section 10(2)(1) by the National Executive Committee.

    2.2 The Reserve Bank


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