LAWS(GJH)-2014-4-19

IONIK METALLICS Vs. UNION OF INDIA

Decided On April 24, 2014
Ionik Metallics Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) ALL these Special Civil Applications were heard analogously as in all these matters, the questions that had arisen for consideration were whether the provisions contained in section 2 (1)(o) of the Securitisation And Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 [hereinafter referred to as the Securitisation Act or SARFAESI Act] and clause 2.1 of the guidelines issued by the Reserve Bank of India known as Prudential Norms on Income Recognition, Asset Classification and Provisioning - pertaining to Advances are ultra vires the Constitution of India, and, consequently, the actions taken by various Banks concerned under the Securitisation Act are illegal and without authority of law.

(2.) WE , however, propose to treat the Special Civil Application No. 14908 of 2012 as the lead matter.

(3.) FACTS and the contentions in the remaining 78 writ -applications are also more or less similar.