Gujarat High Court
Keshavdayal S Jadwani & vs Union Of India & Ors on 16 April, 2013
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
K SITALDAS - THROUGH PROPRIETOR KESHAVDAYAL S JADWANIV/SUNION OF INDIA C/SCA/7058/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 7058 of 2013 With SPECIAL CIVIL APPLICATION NO. 7059 of 2013 With SPECIAL CIVIL APPLICATION NO. 7060 of 2013 ================================================================ K SITALDAS - THROUGH PROPRIETOR KESHAVDAYAL S JADWANI & ORS Versus UNION OF INDIA & ORS. ================================================================ Appearance: MR MASOOM K SHAH, ADVOCATE for the Petitioners. =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 16/04/2013 ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Issue NOTICE returnable after three weeks.
Since 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 learned Attorney General of India.
Let there be adinterim order in terms of paragraph 21 (d) of each petition for a period of three weeks from today with liberty to apply for extension on selfsame application after service of notice upon aforesaid respondents.
The petitioner of each of the above writ-petitions will file an undertaking before this Court in by 22nd April 2013 stating that each petitioner is in possession of the respective property and he will not transfer, alienate or encumber the respective property in any manner whatsoever.
Registry is directed to keep a copy of this order in each of the above matters.
Direct service is permitted.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) mathew Page 2 of 2