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1994 Supreme(Mad) 734

K.A.SWAMI, THANIKKACHALAM
J. M. Malhotra. and V. R. Ramaraju – Appellant
Versus
Union of India and Others – Respondent


Appearing Advocates:R. Subramaniam, Advocates.

Judgment :-

K. A. SWAMI C. J.

These appeals are preferred against the order dated July 25, 1994, passed by the learned single judge in Writ Petitions Nos. 2456 of 1994 and 4427 of 1994. There was another writ petition filed and all the writ petitions were taken up together for hearing and a common order was passed by the learned single judge. The petitioners in Writ Petitions Nos. 2456 of 1994 and 4427 of 1994 have come up in appeals. In the writ petitions, the petitioners sought for declaring that section 20 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as "the Act"), is ultra vires and unconstitutional. This relief was sought for on the ground that section 20 of the Act is violative of article 14 of the Constitution. The learned single judge has negatived the contention and rejected the writ petitions.

It is contended before us that section 20 of the Act imposes restriction on the exercise of jurisdiction by a High Court, that unbridled power is given to the Board and as such the Board can be arbitrary, and it can adopt different norms and different procedures in the matters coming up before the Board and as such, it is discriminatory.

Sect
















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