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1999 Supreme(All) 1485

O.BHATT, A.A.DESAI
MUDIT ENTERTAINMENT INDUSTRIES (P. ) LTD. , ALLAHABAD – Appellant
Versus
BANARAS STATE BANK LTD. – Respondent


Advocates Appeared:
Mohd.Isha Khan, NAVIN SINHA, Ravi Kant, S.N.SRIVASTAVA


ASHOK A. DESAI, J.

( 1 ) THIS bunch of petitions have questioned legislative competence of the Parliament to enact the recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to "the Act, 1993") and legality of consequent transferring of recovery suits to the Tribunal constituted thereunder, as well Notification dated 7. 4. 1988 establishing the Tribunal at Jabalpur for Uttar Pradesh and Madhya Pradesh. These petitions, since raise common questions of facts, and law, are heard together and being disposed of by this common Judgment.

( 2 ) THE Act of 1993 has established Tribunal for expeditious recovery of debts due to Banks and financial Institutions. According to the learned counsel for petitioners, 42nd Constitutional amendment of 1976 has now incorporated Part XIVA to the Constitution. This part contains articles 323a and B. Article 323b empowers the Appropriate Legislature, by law to provide tribunals for adjudication and trial, on the subjects enumerated therein. The Amendment of 1976, therefore, by necessary implication brings limitation on the plenary jurisdiction of the parliament, to establish Tribunal on the subject, which have been, excl



















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