The petitioner filed a writ petition under Article 226 challenging the constitutionality of provisions under the SARFAESI Act and RBI norms. The petitioner sought to withdraw the petition with liberty to approach the Court after a Supreme Court judgment. The bench dismissed the writ petition as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2015
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL
W.P.No.29196 of 2014 and M.P.Nos.1 and 2 of 2014
P.Krishnamoorthy, Proprietor, M/s.Hallmark Fashions, No.116/1 S.P. Park Road, Ambattur Industrial Estate, Chennai.58. ...Petitioner
Vs.
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of declaration declaring that Sec.2(1)(O) of the Securitization and Reconstruction of Financial Asset and Enforcement of Security Interest Act 2002 and Clause 2.1 of prudential norms on income Recognition Asset Classification and provision pertaining to Advances issued by the 2nd respondent as ultra vires the Constitution of India, void ab initio,
illegal and unconstitutional and consequently forbear the 3rd respondent bank from continuing the proceedings initiated under the provisions of the Securitization and Reconstruction of Financial Asset and Enforcement of Security Interest Act 2002 as against the petitioner herein with reference to the subject properties.
For Petitioner : Mr.S.N.Kirubanandam
For Respondents : Mr.F.B.Benjamin George-R3
ORDER (Order of the Court was made by SATISH K. AGNIHOTRI, J.)
Learned counsel appearing for the petitioner seeks permission to withdraw the writ petition with liberty to approach this Court at a later stage and makes an endorsement to the following effect : “The Hon'ble bench may be permitted to withdraw with liberty to approach this court at later point of time, after the Supreme Court judgment”.
Sd/Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar vvk To
1 CC to Mr.F.B.Benjamin George, Advocate SR.No. 2387
1 CC to Mr.S.N.Kirubanandam, Advocate SR.No. 2381
W.P.No.29196 of 2014
JP (CO)
PSI (02.02.2015)
P.Krishnamoorthy, Proprietor, M/s.Hallmark Fashions
Union of India
The Chairman, Reserve Bank of India
The Authorised Officer, Central Bank of India
Satish K. Agnihotri
M. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
