B.S.WALIA
Ind Swift Limited – Appellant
Versus
Union of India – Respondent
B.S. Walia, J.
Petitioner has sought the issuance of a writ of Certiorari for quashing of notice dated 3-2-2016 issued u/S.13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Act) as also a Writ of Mandamus for commanding the respondents to adhere to the provisions of law as applicable to the State of Jammu and Kashmir while dealing with the unit of the petitioner on the ground that the Act was not applicable in the State of Jammu and Kashmir and that the petitioner unit had availed loan facility from the respondent Bank for establishment of its unit at Samba and that while the unit was functional, the respondent Bank had resorted to proceedings under the Act which as per the concluded judgment of this Court was not applicable in the State of Jammu and Kashmir.
2. That it needs noticing that the impugned notice u/S.13 (2) SARFAESI was issued, inter alia to M/s. Ind Swift Ltd., a Company registered under that Companies Act, 1956 with its registered office at 781, Industrial Area, Phase II, Chandigarh, PIN - 160002., Sh. Navrattan Munjal r/o House No. 382, Sector 6 Panchkula, Haryana,
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