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2024 Supreme(Online)(Bom) 257

HIGH COURT OF BOMBAY
A. S. Chandurkar, J
BYRAMJEE JEEJEEBHOY PVT. LTD. AND 3 ORS – Appellant
Versus
UNION OF INDIA THROUGH UNDER SECRETARY 2 ORS – Respondent


Mr. Aspi Chinoy, Senior Advocate with Mr. Kishore Jain, Mr. Darshit K. Jain, Mrs. Divya D. Jain and Mr. Udit Raghuwanshi, Advocates for the Petitioners. Mr. Devang G. Vyas, Senior Advocate, Additional Solicitor General with Mr. Advait M. Sethana, Ms. Shruti Vyas, Adv. S. Shah, Ms. Niyanta Trivedi and Mr. Sandeep Raman, Advocates for the Respondents.

JITENDRA JAIN, JJ.

Date on which the arguments concluded: 7th MAY 2024 Date on which the judgment is delivered: 10th JUNE 2024 JUDGMENT: (Per A. S. Chandurkar, J.) INDEX Particulars Paragraphs A.

Historical facts 2 and 3 B.

Petitioners submissions C.

Respondents submissions D.

Legislation relating to textile undertakings 7 to 9 E.

Relevant provisions of the Act of 1974 and 1995 10 and 11 F.

Decision in Nareshkumar-I G.

Amendment and Validation Act, 2014 H.

Statement of Objects and Reasons 14 and 15 I.

Decision in Nareshkumar-II 16 and 17 J.

Grounds available for challenging plenary legislation K.

Presumption attached to constitutionality L.

Legislative competence – The primary concern M.

Act of 2014 whether breaches the doctrine of separation of powers 21 to 27 N.

Validating Act 28 to 31 O.

Ground of manifest arbitrariness 32 to 36 P.

Intention only to nullify eviction decrees 37 and 38 Q.

Conclusion.

1]

    The constitutional validity of the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 is under challenge in this writ petition filed under Article 226 of the Constitution of India. In the alternative, it is prayed that the Sick Textile Undertakings (Nationalisation) Act,

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