RISHI CEMENT COMPANY LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE only ground which Mr. Poddar, learned counsel appearing for the petitioner, has urged before us in support of his petitions is that the Recovery of Debts Due To Banks and Financial Institutions Act, 1993, (1993 Act, in short) is ultra vires the Constitution of India and therefore, the Debts Recovery Tribunal, Patna, being a creation of the aforesaid Act itself being an illegal entity, the impugned judgment/award passed by the Tribunal is null and void and not enforceable under law.

(2.) IN support of his contention. Mr. Poddar has relied on a Single Bench judgment of the Karnataka High Court in the case of D.K. Abdul Khader and Ors. v. Union of India and Ors. ILR 2001 Kar 1809.

(3.) APART from the aforesaid constitutional aspects of the matter, we find that in the present case, the writ petition is misconceived on the additional ground of the petitioner being a party to the proceeding, acquiring in the transfer of proceeding from the civil Court where this was originally filed through the medium of the civil suit and in participating in the proceedings before the Tribunal throughout, taking a chance and then, when being faced with the judgment against it, coming up to this Court by challenging the vires of the Act.