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2012 Supreme(Guj) 485

BHASKAR BHATTACHARYA, J.B.PARDIWALA
HARKAISH P. BHADORIA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates appeared:
MR. VISHWAS K. SHAH for MR. RIDDHESH TRIVEDI for Petitioner(s): 1,
MR. P.S. CHAMPANERI for Respondent(s): 1,
MR. VIRENDRA M. GOHIL for Respondent(s): 2,
MR. KAMAL B. TRIVEDI, ADVOCATE GENERAL with MR. TARAK DAMANI for Respondent(s): 2,
NOTICE SERVED BY DS for Respondent(s): 3 - 4.

JUDGMENT

J.B. PARDIWALA, J.

1. By way of this petition under Article 226 of the Constitution of India, the petitioner, a debtor of the respondent no.2 Company, has prayed for the following reliefs :

“(a) Be pleased to direct the respondent to accept the amount of Rs.9,10,893/- and settle the account on reasonable terms and restore the possession of residential house.

(b) Be pleased to declare S.2(1)(m)(iv) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Notification empowering respondent no.2 to move under the Securitisation Act, 2002 as ultra vires the Constitution of India and without authority of law and null and void ab initio and struck off the same.

(c) Be pleased to declare S.45-I(f) of RBI Act, 1934 as ultra vires the Constitution of India and RBI Act, 1934 and struck off the same.

(d) Be pleased to quash and set-aside all action and deeds by respondent no.2 against petitioners under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

(dd) Be pleased to quash and









































































































































































































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