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2023 Supreme(Online)(SC) 20953

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE B.R. GAVAI, HON'BLE MR. JUSTICE VIKRAM NATH
VIVEK NARAYAN SHARMA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Petitioner's Advocate:PETITIONER-IN-PERSON
Respondent's Advocate: ANIL KATIYAR

J U D G M E N T

B.R. GAVAI, J.

I. INTRODUCTION

1. This reference to the larger bench of Five-Judges arises out of the writ petitions filed challenging the Notification No. 3407(E) dated 8th November 2016 (hereinafter referred to as “the impugned Notification”), issued by the Central Government in exercise of the powers conferred by sub-section (2) of Section 26 of the Reserve Bank of India Act, 1934 (hereinafter referred to as “the RBI Act”), vide which the Central Government declared that the bank notes of denominations of the existing series of the value of five hundred rupees and one thousand rupees shall cease to be legal tender with effect from 9th November 2016, to the extent specified in the impugned Notification. This is popularly known as an act/policy of ‘demonetization’.

2. Immediately after the impugned Notification was issued, several writ petitions challenging the policy of demonetization came to be filed before this Court as also before various High Courts. Transfer Petitions were filed by the Union, seeking transfer of all such matters pending before the High Courts to this Court.

3. A bench of learned three Judges of this Court passed an order dated 16th December 2016 i

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