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2011 Supreme(Del) 836

DIPAK MISRA, SANJIV KHANNA
Rakesh Kumar Khandelwal – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Mathews J. Nedumpara, Adv. With Mr. R. Majumdar, Advocate for the Petitioner.
Mr. Ruchir Mishra for the Respondent Nos. 1 & 2.

Sanjiv Khanna, J.

In spite of the judgment of the Supreme Court in Mardia Chemicals Ltd. v. Union of India, (2004) 4 SCC 311 upholding the constitutional validity of Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, the petitioner Rakesh Kumar Khandelwal has filed the present writ petition praying for following relief:-

"(a) That the Hon'ble Court be graciously pleased to issue a writ in the nature of certiorari on any other appropriate writ or order quashing and setting aside the Notice dated 8th November, 2010 (Annexure P-1) issued by Respondent No. 3, as null and void;

(b) That this Hon'ble Court be graciously pleased to issue a writ in the nature of prohibition or any other appropriate writ or order prohibiting and restraining the Respondents from proceeding any further in pursuance of the Notice dated 8th November, 2010 (Annexure P-1) issued by Respondent No. 3, particularly from dispossessing the Petitioner of his factory premises situate at:

(c) That this Hon'ble Court be graciously pleased to issue a declaration or an appropriate writ or order, declaring that Sections 13(2), 13(3) and 13(3A) of the Securitization and Reconst

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