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TILHARI
D. K. ABDUL KHADER – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel for the parties :
Sri B.G. Sreedharan assisted by Sri Shivaram, Advocate— For the Petitioner.
Sri N. Devadas, Ld. Standing Counsel and Sri A. Mahabaleshwara Bhat, Advocate— For the Respondent.

ORDER

Tilhari, J- By these petitions, the petitioners, have sought for grant of following reliefs in their favour, in the circumstances of the case. The reliefs read as under:

(a) declare that the Recovery of Debts, Due to Banks and Financial Institutions Act, 1993 and the Rules framed thereunder are void by reason of being violative of the Constitution of India and beyond the Legislative Competence of the Parliament.

(b) the Debt Recovery Tribunal for Karnataka and Andhra Pradesh established at Bangalore City as being void.

(c) the scheme of the Act as unreasonable and unfair and viola-live of Articles 14 and 21 of the Constitution of India. And by issue of writs of Mandamus, Certioraris and other appropriate writs, orders and directions;

(d) direct the respondents 1 and 2 not to give effect to the Act;

(e) quash the Notification vide Annexure A dated 30-11-1994 constituting the Debts Recovery Tribunal for Karnataka and Andhra Pradesh at Bangalore City vide Annexure A and also the order dated 29-1-1999 passed by the Debt Recovery Tribunal Krishi Bhavan, Bangalore in O.A. No. 942/97 vide Annexure B; and

(f) grant such other or further relief or reliefs as this Hon'ble Court may dee






































































































































































































































































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