Madras High CourtWP/14615/2003dismissed

M/S.Bajaj Consoliated P Ltd v. Union Of India

2016-01-06Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2016

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P. No.14615 of 2003 1.M/s.Bajaj Consolidated [P] Ltd., Rep.by its Director, Srichand K.Bajaj, No.71/72, Hardevi Chambers, Pantheon Road, Chennai - 600 008.

2.Srichand K.Bajaj .. Petitioners Vs.

1.Union of India, Rep.by the Secretary to Government, Ministry of Law, Justice & Company Affairs, [Legislative Department], New Delhi - 1.

2.Allahabad Bank, Regional Office, No.112, Sir Thyagaraya Road, Chennai - 600 017.

Rep. by its Manager 3.The Ministry of Finance, Rep.by its Secretary to the Union Minister of Finance, A-2, C-Block, Rajaji Bhavan, Chennai - 600 090.

.. Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Declaration, declaring the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [Act No.54 of 2002] is null and void, as it is ultra vires the constitution, arbitrary, illegal and opposed to the principles of natural justice in so far as the petitioners is concerned. For Petitioners : No Appearance For Respondent Nos.1 & 3 : Mr.J.Madanagopal For Respondent No.2 : Mr.P.Sukumar https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Today, when the matter is taken up for consideration, there is no representation on behalf of the petitioners. 2.Learned counsel appearing for the second respondent / Bank submitted that the proceedings have been concluded and the sale has also been effected and therefore, nothing survives for adjudication. Apart from the same, it is also his submission that the Writ Petition is not maintainable against such an action.

3.In view of the aforesaid submission, the Writ Petition is dismissed as infructuous. No costs.

sd/- Assistant Registrar(Cs-III) /TRUE COPY/ Sub-Assistant Registrar To

1. The Secretary to Government, Union of India, Ministry of Law, Justice & Company Affairs, [Legislative Department], New Delhi - 1.

2. The Manager, Allahabad Bank, Regional Office, No.112, Sir Thyagaraya Road, Chennai - 600 017.

3.The Ministry of Finance, Rep.by its Secretary to the Union Minister of Finance, A-2, C-Block, Rajaji Bhavan, Chennai - 600 090.

+1 CC to MR.J.Madanagopal Advocate. SR.NO.862 +1 CC to MR.P.Sukumar Advocate. SR.NO. 1010 W.P. No.14615 of 2003 CO-SKV JD 19/01/2016 https://hcservices.ecourts.gov.in/hcservices/