The High Court dismissed the writ petition challenging the validity of the SRAESA 2002 without further adjudication, relying on the SC's decision in Mardia Chemicals.
Petitioner at liberty to approach Debts Recovery Tribunal under Section 17 of the 2002 Act within one month without limitation bar.
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THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO
W.P.No.16032 of 2005
ORDER: (Per Hon'ble Mr.Justice Ghulam Mohammed)
This Writ Petition has been filed by the petitioner challenging the vires of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002 (for short, " the 2002 Act").
However, in view of the judgment rendered by the Supreme Court in Mardia Chemicals Ltd. v. Union of India ,[1] whereby the legality and validity of the 2002 Act has been upheld, the cause in this Writ Petition does not survive for further adjudication.
Therefore, the Writ Petition is dismissed. However, the petitioner is at liberty to approach the Debts Recovery Tribunal by by way of filing an appeal, under Section 17 of the 2002 Act, within one month from today. On such appeal being preferred, the Tribunal is directed to entertain and decide the same, on merits, without raising the plea of limitation. No costs.
_______________________ GHULAM
MOHAMMED,J
_______________________________ NOOTY RAMAMOHRANA RAO,J
06.08.2009 Stp
[1] (2004) 4 SCC 311
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Mardia Chemicals Ltd. v. Union of IndiaReferred¶5
(2004) 4 SCC 311 · Who else cites this
1 provisions across 1 enactments
Petitioner
GHULAM MOHAMMED
NOOTY RAMAMOHANA RAO
As recorded by the court registry
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