LAWS(GJH)-2011-3-43

KANHA INTERNATIONAL Vs. UNION OF INDIA

Decided On March 01, 2011
Kanha International - Through Proprietor And Ors Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) By way of the present petition, the petitioners have prayed for the following reliefs : -

(2.) The main challenge in the present petition is with regard to the constitutional validity of Rule 8(5) of the Security Interest (Enforcement) Rules, 2002 (for short, 'the Rules of 2002'). The petitioners have assailed the vires of Rule 8(5) of the Rules of 2002 as being ultra vires the Constituion of India and being null and void and nonest in the eyes of law.

(3.) The brief facts giving rise to the present petition are as under: -