SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Raj) 707

SAMEER JAIN
Jaipur Texweaving Park Ltd. – Appellant
Versus
Union Of India Through Secretary, Ministry Of Textiles, Udyog Bhawan New Delhi – Respondent


Advocates appeared:
For the Petitioner: Mr. Archit Bohra with Ms. Lipi Garg, and Ms. Astha Singhal, through V.C.
For the Respondent: Mr. H.P. Kar, through V.C. with Mr. Manish K. Sharma, through VC, Ms. Shalini Sheoran, through V.C.

JUDGMENT :

1. Being aggrieved by the notice dated 31.05.2017 u/s 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short hereinafter to be referred as “SARFAESI Act, 2002”) as well as notice u/s 13(4) of SARFAESI Act, 2002 dated 09.03.2018 and for violation of terms and conditions of the sanction letter dated 12.03.2009 issued by the Ministry of Textiles and for violation of Fundamental Rights enshrined under Articles -14, 19 & 300A of the Constitution of India, the present writ petition has been filed with the following prayers;

    “It is therefore, humbly prayed that Your Lordship may graciously be pleased to:

a) Call for the entire record of proceedings from the respondent;

b) declare the entire impugned action of the respondents, and notice under Section 13 (2) of the SARFAESI Act dated 31.05.2017 to be arbitrary, unlawful and unconstitutional and set aside (Annexure-4);

c) declare the entire impugned action of the respondents, and notice under Section 13(4) of SARFAESI Act dated 09.03.2018 to be arbitrary, unlawful and unconstitutional and set aside (Annexure-20);

d) declare and set aside the entire action initiated by

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top