Gujarat High Court
Nileshkumar N Kotak & vs Union Of India & on 14 June, 2013
Bench: Bhaskar Bhattacharya, J.B.Pardiwala
NILESHKUMAR N KOTAKV/SUNION OF INDIA C/SCA/9704/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 9704 of 2013 ================================================================ NILESHKUMAR N KOTAK & 4....Petitioner(s) Versus UNION OF INDIA & 1....Respondent(s) ================================================================ Appearance: MR MASOOM K SHAH, ADVOCATE for the Petitioner(s) No. 1-5 ================================================================ CORAM: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 14/06/2013 ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Issue notice returnable after three weeks.
Since the petitioners have challenged various provisions of the State Financial Corporation Act, 1951 as ultra vires the Constitution of India and also Section 2(O) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as violative of the parent law, let notice be issued upon the learned Attorney General of India.
Let there be an order of status quo qua SARFAESI Act for a period of three weeks from today with liberty to apply for extension of interim order on selfsame application after service of notice upon the respondents.
Direct service is permitted today.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) zgs Page 2 of 2