KARUNABEN B PATIL Vs. UNION OF INDIA

JUDGEMENT

(1.) ALTHOUGH by our order dated 13th March 2013 passed in Civil Application No. 2912 of 2013 this Special Civil Application was ordered to be placed under CAV along with other analogous matters, this matter was inadvertently left out, and is, therefore, disposed of by this separate judgment.

(2.) BY this Special Civil Application filed under Article 226 of the Constitution of India, the writ-petitioner has prayed for appropriate writ, order or direction quashing and setting aside notification dated 28th January 2003 issued by the respondent No.1 purportedly under the exercise of its power under Section 2(1) (c) (v) of the the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [Securitization Act, hereafter] thereby bringing the Cooperative Banks as defined under Section 5(cci) of the Banking Regulations Act within the purview of the Securitization Act.

(3.) THIS Court, by its detailed Common CAV Judgment dated 22 nd April 2013 passed in Special Civil Application No. 930 of 2011 and analogous matters, has already declared that the impugned notification dated 28th January 2003 issued by the Central Government is ultra vires, unconstitutional, non est, and, void ab initio.