2015 Supreme(Guj) 950
JAYANT PATEL, RAJESH H.SHUKLA
NEEL OIL INDUSTRIES PARTNERSHIP FIRM – Appellant
Versus
UNION OF INDIA – Respondent
Advocate Appeared:
SCA No.1012/14:
MR SHAKTI S JADEJA, ADVOCATE for the Petitioner(s)No.15
MR SP MAJMUDAR, ADVOCATE for the Petitioner(s) No. 15
MR PARTH H BHATT, CENTRAL GOVT. COUNSEL for MR DEVANG VYAS, ASST. SOLICITOR GENERAL for the Respondent(s) No. 1
MR GM JOSHI, ADVOCATE for the Respondent(s) No. 2
SCA No.16125/13:
MR VISHWAS K SHAH, ADVOCATE for Petitioners No.12
MR BOMI H. SETHNA, ADVOCATE for Respondent No.2
MR PARTH H BHATT, CENTRAL GOVT. COUNSEL for Union of India
SCA No.1330/13:
MR NV GANDHI, ADVOCATE for Petitioner No.1
MR PARTH H BHATT, CENTRAL GOVT. COUNSEL for MR DEVANG
VYAS, ASST.SOLICITOR GENERAL for Respondent No.1
MR UMESH A TRIVEDI, ADVOCATE for Respondent No.2
SCA No. 18678/13:
MR VISHWAS K SHAH, ADVOCATE with MR VILAV K.BHATIA, ADVOCATE for Petitioners No.12
MR PARTH H BHATT, CENTRAL GOVT. COUNSEL for MR DEVANG VYAS,
ASST.SOLICITOR GENERAL for Respondent No.1
MR VISHWAS S. DAVE, ADVOCATE for Respondent No.2
SCA Nos.8231/14 & 8234/14:
MR NIRAD D BUCH, ADVOCATE for NANAVATI ADVOCATES of Petitioners
No.13
MR PARTH H BHATT, CENTRAL GOVT. COUNSEL for MR DEVANG VYAS,
ASST.SOLICITOR GENERAL for Respondent No.1
MR SN SOPARKAR, SENIOR ADVOCATE with MR AMAR BHATT, ADVOCATE for Respondent No.3
MR NANDISH CHUDGAR, ADVOCATE with MR KRUTIK PARIKH, ADVOCATE for NANAVATI ASSOCIATES for Respondent No.2
MR RAKESH R. PATEL, AGP for Respondent No.4
SCA No.2931/14:
MR VISHWAS K SHAH, ADVOCATE for Petitioner No.1
MR NANDISH CHUDGAR, ADVOCATE with MR KRUTIK PARIKH, ADVOCATE for NANAVATI ASSOCIATES for Respondent No.2
MR PARTH H BHATT, CENTRAL GOVT. COUNSEL for Union of India
SCA No.9107/14:
MR MASOOM K SHAH, ADVOCATE with MR URVESH GOR, ADVOCATE of
Petitioners No.13
MR PARTH H BHATT, CENTRAL GOVT. COUNSEL for MR DEVANG VYAS,
ASST.SOLICITOR GENERAL for Respondent No.1
MR NANDISH CHUDGAR, ADVOCATE with MR KRUTIK PARIKH, ADVOCATE for NANAVATI ASSOCIATES for Respondent No.2
MR RAKESH R. PATEL, AGP for Respondent No.45
SCA No.9575/14:
MR MASOOM K SHAH, ADVOCATE with MR URVESH GOR, ADVOCATE for
Petitioner No.1
MR PARTH H BHATT, CENTRAL GOVT. COUNSEL for UNION OF INDIA
MR RAKESH R. PATEL, AGP for Respondents No.35
SCA No.9909/14:
MR VISHWAS K SHAH, ADVOCATE for Petitioners No.111
MR GM JOSHI, ADVOCATE for Respondent No.2
MR PARTH H BHATT, CENTRAL GOVT. COUNSEL for UNION OF INDIA
MR RAKESH R. PATEL, AGP for Respondents No.34
JUDGMENT :
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. As in all the matters, common questions arise for consideration and there are more or less common challenges to be considered, they are being considered simultaneously.
2. In SCA No.1012/14, Mr. Majmudar, at the outset submitted that he is not pressing for the relief in para 33(A) for challenging the vires of the Act and therefore, the said aspect may not be required to be considered and he has restricted his case to the relief prayed for in para 33(B), which relates to challenging the amendment No.1 of 2013 brought by the legislature in section 2(c) after sub-clause (iv) inserting sub-clause (iva) “a Multi-State cooperative bank; or” of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the “Securitisation Act”) as ultra vires to the Constitution and ab initio null and void. The other prayers made in the petition are based on the principal prayer for challenging the constitutional validity of the Amendment No.1 of 2013.
3. SCA No.16125/13 has been preferred seeking very relief for challenging the constitutional validity of the amendment and the o
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