Gujarat High Court
Ritu Murli Manohar Goyal vs Union Of India & Ors on 16 January, 2014
Bench: Chief Justice, J.B.Pardiwala
C/SCA/328/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 328 of 2014
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RITU MURLI MANOHAR GOYAL
Versus
UNION OF INDIA & ORS.
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Appearance:
MR VISHWAS K SHAH, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE
MR. BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 16/01/2014
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) By filling this writ-application, the writ-petitioner, in addition to the prayer to declare section 2 (o) of the Securisization and Reconstitution of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act, hereafter] as ultra vires, has also challenged the notification No. 3/1/2012-DRT dated 13th June 2012 issued by the Ministry of Finance, Department of Financial Services, New Delhi, permitting Public Auction of properties by way of e- auction, as ultra vires the provisions of the SARFAESI Act.
Issue NOTICE to the respondents, returnable on 23rd January Page 1 of 3 C/SCA/328/2014 ORDER 2014.
Since Mr. I.H. Syed, the learned Assistant Solicitor General of India is present in the Court, he waives service of notice for respondent No.1, and we direct the learned advocate for the petitioner to serve a copy of the petition with all annexures upon Mr. Syed during the course of the day, to enable him to take instructions in the matter in view of the importance and urgency of the matter.
We do not propose to pass any interim order at this stage. However, we direct that the fate of the e-auction will abide by the result of this writ-petition, and the respondent No.2 is directed communicate to the participants of the e-auction in this case that the e-auction impugned in this application is subject to the final result of this writ-petition.
We also clarify that this order will not stand in the way of the respondent-Bank in making public auction other than e-mode for realisation of the dues of the petitioner.
Direct Service is permitted upon the remaining respondents. Issue process today.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) Page 2 of 3 C/SCA/328/2014 ORDER mathew Page 3 of 3