Gujarat High Court
Sharma Radio Centre & 4 vs Union Of India & 5 on 7 March, 2014
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya, J.B.Pardiwala
C/SCA/3687/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 3687 of 2014
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SHARMA RADIO CENTRE & 4....Petitioner(s)
Versus
UNION OF INDIA & 5....Respondent(s)
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Appearance:
MR MASOOM K SHAH, ADVOCATE for the Petitioner(s) No. 1 - 5
MR VISHWAS K SHAH, ADVOCATE for the Petitioner(s) No. 1 - 5
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 07/03/2014
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Issue Notice returnable after fortnight.
Since in this application, the writ petitioner has challenged the provisions contained in Section 2 (1) (c) (iva) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as well as the provision contained in Section 2 (d) (vi) of the Recovery of Debt Due to Banks and Financial Institutions Act, 1993 as ultra vires the Constitution of India, let Notice be also issued upon the learned Attorney General of India.
After hearing Mr.Shah appearing on behalf of the Page 1 of 2 C/SCA/3687/2014 ORDER petitioner and after taking into consideration the observations of the Supreme Court in the case of Greater Bombay Cooperative Bank Ltd. v. United Yarn Tex (P) Limited and Others reported in (2007) 6 SCC 236 (paragraph 89), we find that the petitioner has made out a strong prima facie case to have an interim order in terms of paragraph 10 (g) of the petition till the returnable date. This interim order, however, shall not stand in the way of the respondent bank from recovering the amount under the provisions of the Multi State Cooperative Societies Act, 2002.
We, accordingly, pass such order. Direct service is permitted.
(BHASKAR BHATTACHARYA, C.J.) (J.B.PARDIWALA, J.) Mohandas Page 2 of 2