SURINDER SINGH SAHNI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ application filed by way of public interest litigation, petitioner has made the following prayers:

(2.) BRIEFLY stated, the issue raised by the petitioner is that exclusion of Small Scale Industrial Unit from the definition of Industrial Undertaking under Section 3(1)(f)(ii) of the Sick Industrial Companies (Special Provisions) Act, 1985 and failure of the legislature to enact any such provision, analogous to the provisions of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 for the protection of Sick Small Scale Industries amounts to discrimination between the large and small scale industries and is, therefore, violative of Article 14 of the Constitution of India. The grievance stems out from the fact that by their exclusion from the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. Small Scale Industries are deprived of the protection in the matter of recovery proceedings initiated against them by the Financial Institutions.

(3.) THOUGH , neither the counsel for the petitioner nor counsel for the respondents pointed out, but it has been brought to our notice that the Sick Industrial Companies (Special Provisions) Act, 1985 stands repealed with effect from 1st January, 2004 by the Sick Industrial Companies (Special Provisions) Repeal Act, 2003.