SUNSHINE HYDRO POWER LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has sought the issuance of a writ of Certionrari for quashing of notice dated 7-9-2015 issued by respondent No. 2 under Sec. 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Act) as also a writ of Mandamus commanding the respondents not to act on the basis of notices issued for initiating proceedings under the provisions of the Act on the ground that the same are contrary to the decision rendered by a Division Bench of this court in case titled as Santosh Gupta Vs. Union of India decided on 16-7-2015 holding that the Securitisation and Reconstruction of Financial Assets Act, 2002 was not enforceable in the State of Jammu and Kashmir.

(2.) No other point has been raised nor argued. After hearing arguments the case was reserved for orders.

(3.) Controversy in issue has been set to rest by the decision of the Honourable Supreme Court in Civil Appeal Nos. 12237 - 12238 of 2016 : (AIR 2017 SC 25) in case titled as State Bank of India Vs. Santosh Gupta and another. Relevant extract of the same is reproduced hereunder:-