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2011 Supreme(SC) 1237

MARKANDEY KATJU, CHANDRAMAULI KR.PRASAD
State Of Maharashtra – Appellant
Versus
Vijay C. Puljal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shekhar Naphade, Sr. Advocate Mr. Sanjay Kharde, Advocate, Ms. Asha Gopalan Nair, Advocate.
For the Respondent: Mr. Alok Kumar, Mr. C. Mukund, Adv. Mr. P.V. Saravana Raja, Adv. Mr. Pankaj Jain, Adv. Mr. Bijoy Kumar Jain ,Adv Mr. Shyam Divan, Sr. Adv. Mr. Pratap Venugopal, Adv. Mr. P.K. Jha, Adv. Ms. Namrata Sood, Adv. Mr. Gaurav Nair, Adv. for M/S. K.J. John & Co. Mr. Dinesh Dwivedi, Sr. Adv. Ms. K.V.Bharathi Upadhyaya, Adv.

ORDER :

1. Heard learned counsel for the appearing parties.

2. We have passed our judgment dated 04.03.2011 in K.K. Baskaran V. State, (2011) 3 SCC 793 by which we have upheld the constitutional validity of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997 (for short 'the Tamil Nadu Act'). Subsequently, by our order dated 09.05.2011 passed in Sonal Hemant Joshi v. State of Maharashtra, (2012) 10 SCC 601 we have also upheld the constitutional validity of the Maharashtra Protection of Interests of Depositors (In Financial Establishments) Act, 1999 (for short 'the Maharashtra Act').

3. We are not permitting any further arguments on the constitutional validity of the Maharashtra Act and the Tamil Nadu Act as we have already upheld their constitutional validity.

4. Large scale fraud was played on the innocent public who deposited their hard earned money with certain unscrupulous persons. We have held that the Maharashtra Act and the Tamil Nadu Act to deal with this situation are covered by Entry 1 of List II (The State List) of the Seventh Schedule to the Constitution because this is likely to disturb the public order. However, if any party wishes

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