Recovery Tribunal Advocates Association v. Union Of India Represented
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2021 CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.Nos.9883, 6037 and 10863 of 2020 and WMP Nos. 12009,12010, 7086, 13183 and 13185 of 2020 Recovery Tribunal Advocates Association Rep. by its Secretary C. Ramaiah S/o. Chellaiah Deva Towers 6th Floor 770/A Anna Salai Chennai 600 002
...Petitioner in
W.P.No.9883 of 2020 Revenue Bar Association, rep. By its Secretary, K.A.Parthasarathi ... Petitioner in W.P.No.6037 of 2020 Service Bar Association Rep by its President L. Chandrakumar S/o C.P. Lakshmanaswamy, No.201,Velachery Main Road, Velachery, Chennai - 600 042.
...
Petitioner in W.P.No.10863 of 2020 Vs 1 Union of India represented By its Secretary Department of Revenue No. 137 North Block New Delhi 110 001 2 Union of India represented By its Secretary Ministry of Law and justice 4th Floor Prasad Road Shastri Bhavan New Delhi 110 001 .. Respondents in all the writ petitions Writ Petitions filed under Article 226 of Constitution of India praying to issue Writs of Declaration declaring the Tribunal Appellate Tribunal and other Authorities (Qualification Experience and other Conditions of Service of Members) Rules 2020 vide first respondents impugned
Notification No. GSR 109 (E) dated 12.02.2020 and that of Notification F.No.
7/3/2020-DRT dated 23.06.2020 No.A.11013/2019-At dated 27.07.2020 as null and void defective and unconstitutional being violative of Articles 14, 21, 50 of the Constitution of India and the Doctrine of Separation of Powers and Independence of Judiciary which are part of Basic Structure of the Constitution of India and further contrary to the principles laid down by the Honble Supreme Court in Union of India Vs. R. Gandhi and Rojer Mathew vs. South Indian Bank ltd in Civil Appeal No. 8588 of 2019 dated 13.11.2019. For Petitioner :
Mr.L. Chandrakumar, for petitioner in W.P.No.9883 of 2020 Mr.V.Vijayashankar, for petitioner in W.P.No.10863 of Mr.Rahul Unnikrishnan, for petitioner in W.P.No.6037 of 2020 For Respondents :
Mr.R. Sankaranarayanan Addl.Solicitor General assisted by Mr.Ramachandrmoorthy COMMON ORDER (Made by The Hon'ble Chief Justice) It is submitted by learned Additional Solicitor-General that the substance of the petition has been dealt with by the Supreme Court in the judgment rendered on November 27, 2020 in W.P.No.804 of 2020. The other appearing parties also agree that the matter in issue has been dealt with by the Supreme Court in the relevant judgment. As a consequence, W.P.No.9883 of 2020 and the related matters are disposed of. The interim applications are closed. There is no order as to costs.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar tar
To The Secretary Department of Revenue No.137 North Block New Delhi 110 001 2 The Secretary Ministry of Law and Justice 4th Floor Prasad Road Shastri Bhavan New Delhi 110 001 +1 cc to mr.C.V.Ramachandramurthy Advocate sr3649 +1 cc to Mr.L.Chandrakumar Advocate sr3177 W.P.Nos.9883, 10863 & 6037/2020 ln(co) aa11/02/2021