Mohd. Iqbal Ahmed v. The Union Of India

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.25464 of 2002 DATED:08.07.2015 Between:

Mohd. Iqbal Ahmed, Hyderabad.

... Petitioner And The Union of India, Represented by its Under Secretary, Home department, Ministry of Home Affairs, New Delhi and others.

....Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.25464 of 2002 Order: (Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the petitioner.

This writ petition seeks to challenge Section 8 of the Provincial Insolvency Act, 1920 (for short 'the Act'), as arbitrary, ultra vires and unconstitutional.

Over and above this, the petitioner has not made any prayer as such in the writ petition. In our opinion, such prayer cannot be entertained merely for academic purpose.

Hence, we are disposing of the writ petition with liberty to the petitioner to challenge, if he so desires, the provisions of Section 8 of the Act, in appropriate proceedings, if circumstances so demand. Consequently, pending miscellaneous applications shall also stand closed. No costs.

____________________ DILIP B. BHOSALE, ACJ _________________ S.V. BHATT, J 8th July, 2015

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