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1995 Supreme(Del) 236

D.P.WADHWA, M.K.SHARMA
DELHI HIGH COURT BAR ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.K.SIKRI, ARVIND SHARMA, ASHOK KASHYAP, Gajendra Kumar, M.C.SEKHARAN, MANISH PUSHKARAN, MIRA BHATIA, P.N.LEKHI, S.K.Luthra, SHISHIR SHARMA, T.RAVINDRANATH, VIKRANT DHAVAN

D. P. Wadhwa,j.

( 1 ) THE petitioners have challenged the constitutional validity of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short the Act ) on the ground that the Act is unreasonable and is violative of Article 14 of the Constitution and that it is beyond the legislative competence of the Parliament to enact such a law. The petitioners have also challenged the appointment of the third respondent as the Debts Recovery Tribunal under section 5 of the Act. The immediate cause for filing this petition under Article 226 of the Constitution was the notification dated 5 July, 1994 issued by the Central Government in the Ministry of Finance, Department of Economic Affairs, Banking Division, whereby, under section 3 of the Act, Debts Recovery Tribunal, with the areas of jurisdiction as Delhi was established. It is alleged that the appointment of the third respondent is an exercise of fraud on the powers conferred on the Central Government under the Act.

( 2 ) THIS petition was filed on 22 July 1994 and when it came up for admission, notice was issued to the respondents to show cause as to why rule nisi not be issued, and at the same time the operation



























































































































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