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2018 Supreme(All) 886

DILIP B. BHOSALE, YASHWANT VARMA
INDEPENDENT POWER PRODUCERS ASSOCIATION OF INDIA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Abhishek Manu Singhvi, Sajan Poovayya, Navin Sinha, Ashish Mishra, Ms. Kalpna Sinha, R.P. Kushwaha, Visson Mukherjee, Ms. Catherine Ayallore, Milanka Chaudhery, Ms. Ashli Cherian and Ms. Ameya Misra for the Petitioners; Tushar Mehta, ASG, Shashi Prakash Singh, ASG, Sanjay Kumar Om, Ravi Kadam, Rakesh Dwivedi, Anurag Khanna, Amit Saxena, Vivek Shetty, Johan Chakshi, Ms. Sansriti Pathak, Eklayva Dwivedi, Raghav Dwivedi, Saurabh Singh and Ms. Roshni Shukla for the Respondents.

JUDGMENT

Hon’ble Dilip B Bhosale, C.J.—The first writ petition under Article 226 of the Constitution of India, has been instituted by Independent Power Producers Association of India, for the following reliefs:

“A. Issue an appropriate writ, order or direction for declaring the provisions of Section 35AA and Section 35AB of the Banking Regulation Act, 1949, as ultra vires to the Constitution of India;

B. Issue a Writ of Certiorari or any other Writ, Order or Direction of like nature quashing the Order S.O. 1435(E) dated 05.05.2017 issued under Section 35AA of the Banking Regulation Act, 1949, being without the authority of law;

C. Issue a Writ of Certiorari or any other Writ, Order or Direction of like nature quashing the Circular having No. DBR No. BP.BC.101/21.04.048/2017-18 dated 12.2.2018.”

2. The second writ petition has been filed by Association of Power Producers (Writ-C No. 23181 of 2018) and the third writ petition (Writ-C No. 23183 of 2018) by Prayagraj Power Generation Company Limited. The prayers made in these two writ petitions are similar, as made in Writ - C No.









































































































































































































































































































































































































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