Dismissed

M/S. Jai Vishnu Clothing, v. the Union of India

Madras HC10 Jun 2014WP/10361/2014

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the constitutional validity of Section 2(1)(o) of the SARFAESI Act, 2002. The Court dismissed the petition, noting that a previously decided batch (W.P.No.5897 of 2014) had already upheld the validity of the impugned section.

What did the court decide?

Claim for declaration of unconstitutionality of Section 2(1)(o) of the SARFAESI Act, 2002 was dismissed.

M/S. Jai Vishnu Clothing, Vs the Union of India — Income Tax | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.06.2014

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CORAM:

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THE HON'BLE MR.SATISH K.AGNIHOTRI, ACTING CHIEF JUSTICE AND

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THE HON'BLE MR.JUSTICE M.M.SUNDRESH

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W.P.No.10361 of 2014

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M/s.Jai Vishnu Clothing represented by its Partner Shri R.G.Elangovan NO.2/289, Maniam Karuppasamy Gounder Nagar, Mudalipalayam, SIDCO Road, Vijayapuram (Post) Kangeyam Road, Tirupur District.

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... Petitioner

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Vs.

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The Union of India, represented by its Joint Secretary, Ministry of Finance Department of Economic Affairs, Room No.34-C New Delhi – 110 001 (India)

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The Reserve Bank of India, represented by its Governor, 6, Parliament Street, New Delhi – 110 001.

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M/s.Karur Vysya Bank Limited, represented by its Authorised Officer, Overseas Branch, 315, 1^st Floor, Kumaran Road, Tirupur – 641 601. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of declaration to declare the provisions of Section 2(1)(o) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Act, 2002 as arbitary, unconstitutional and opposed to public policy, null and void and the same being ultra vires the constitution of India.

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For Petitioner : Mr.U.Visal Kumar

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For Respondents : Mr.S.Udayakumar, SCGSC for R.1 Mr.T.Poornam for R2 Mr.A.V.Radhakrishnan for R3

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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The issue involved in this writ petition is no longer res integra. Considering the very same issue, this Court in W.P.No.5897 of 2014 etc., batch, by order dated 8.5.2014, upheld the validity of Section 2(1)(o) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Circular/ guidelines issued by the Reserve Bank of India dated 2.7.2012. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous is also dismissed.

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Sd/-
Assistant Registrar(CS-V)
Dated: 24.06.2014
//True Copy//
Sub Assistant Registrar
raa
To
1. The Joint Secretary,
Ministry of Finance Department of
Economic Affairs, Union of India,
Room No.34-C
New Delhi – 110 001 (India)
2. The Governor,
Reserve Bank of India,
6, Parliament Street, New Delhi – 110 001.
3. The Authorised Officer,
M/s.Karur Vysya Bank Limited,
Overseas Branch, 315, 1 st Floor,
Kumaran Road, Tirupur – 641 601.
1 CC to Mr.S.Udayakumar, Sr.CGSC, SR.No. 22605
1 CC to Mr.A..Radhakrishnan, Advocate SR.No. 23638
1 CC to Mr.Vishalkumar, Advocate SR.No.23516
KJI (CO)
PSI (25.06.2014)

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W.P.No.10361 of 2014

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https://hcservices.ecourts.gov.in/hcservices/

M/S. Jai Vishnu Clothing, v. the Union of India

Case brief

What is this about?

What did the court decide?

M/S. Jai Vishnu Clothing, v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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