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2017 Supreme(Del) 3885

SANJIV KHANNA, PRATHIBA M.SINGH
ASHAPURA MINECHEM LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajashekhar Rao, Ms.Meghna Mishra, Mr. M.S. Bdhanwalla, Mr. Dheeraj P. Deo, Advocates.
For the Respondent:Mr. Dev P. Bhardwaj, with Mr. Satya Prakash Singh, Advocate.

JUDGMENT :

SANJIV KHANNA, J.

CM APPL. 39391/2017 (Exemption)

Allowed, subject to all just exceptions. The application accordingly stands disposed of.

W.P.(C) 9674/2017 & CM APPL. 39390/2017 (STAY)

1. Learned counsel for the petitioner/Ashapura Minichem Limited (hereafter ‘Ashapura’) has given up the prayer challenging constitutional validity of the Sick Industrial Companies (Special Provisions) Repeal Act, 2003 (Repeal Act, for short) and restricts his challenge to the amended provisions of Section 4(b) and Section 5(1)(d) of the Repeal Act as being violative of Article 14 of the Constitution of India.

2. The petitioner also prays for quashing of Notification No. S.O. 3568 (E) dated 25th November, 2016, Notification No. S.O. 3569 (E) dated 25th November, 2016 and Notification No. S.O. 1683 (E) dated 24th May, 2017.

3. The Petitioner is a company engaged in mining, processing, sale, and export of minerals.

4. On 2nd June, 2011, the petitioner company made a reference before the Board of Industrial and Financial Reconstruction (BIFR or Board, for short), which, vide order dated 12th March, 2012 declared it to be a sick company under the provisions of the Sick Industrial Companies (Special Pr



































































































































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