Gujarat High Court
Mansa Synthetics Pvt Ltd Thro Director/ vs Union Of India & on 18 June, 2013
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
MANSA SYNTHETICS PVT LTD THRO DIRECTOR/ CONERNEDV/SUNION OF INDIA C/SCA/7524/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 7524 of 2013 ================================================================ MANSA SYNTHETICS PVT LTD THRO DIRECTOR/ CONERNED & 2....Petitioner(s) Versus UNION OF INDIA & 2....Respondent(s) ================================================================ Appearance: MR ISHAN MIHIR PATEL, ADVOCATE for the Petitioner(s) No. 1-3 ================================================================ CORAM: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 18/06/2013 ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Draft amendment is allowed.
Issue notice returnable on 25th June 2013.
As the petitioners have challenged the provisions contained in Section 2(o) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as ultra vires the Constitution of India, let notice be issued to the learned Attorney General of India.
The notice be also issued to respondent No.4 the subsequent purchaser.
We restrain the subsequent purchaser from further alienating, transferring the property mentioned in the notice given under Section 13(4) of the Securitisation Act or from creating any third party right therein till the next date of hearing.
Let this matter appear on 25th June 2013 along with other similar matters.
Direct service upon respondent No.4 by Speed Post is permitted.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) zgs Page 2 of 2