M/S. Bhartiya Agro Mercantile Ltd. And 5 ORS. v. Union Of India And ANR.

1/1 218-wp-2531-03.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

WRIT PETITION NO.2531 OF 2003 ...

M/s.Bhartiya Agro Mercantile Ltd. & ors.

...Petitioners

v/s.

Union of India & ors.

...Respondents

...

Mr.Gopal Krishna Nayak I/b Umesh Shetty for the Petitioners. Mr.H.V.Mehta for the Respondent No.1.

...

CORAM : A.A. SAYED & A.K.MENON, JJ.

DATED : 20 DECEMBER 2018 P.C.:

The Petition essentially challenges the validity of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002 (`SARFAESI Act' for short), which has been upheld by the 3-Judge Bench of the Supreme Court in Mardia Chemicals Ltd. v/s. Union of India, (2004) 4 SCC 311.

2.

In light of the fact that the provisions of the SARFAESI Act have been upheld by the Supreme Court, the Petition to stand dismissed. (A.K.MENON,J.) (A.A.SAYED, J.) Uday.P.Kambli 1/1