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TMI Blog2016 (3) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2012, which has since been notified on 3rd of January, 2013 and the said Act to have brought into force as well on 15th January, 2013, as unconstitutional and void since the said Act by amendment to the Securitisation and reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, has brought Multi State Co-operative Society within the ambit of SARFAESI ACT, 2002 and the RDDBFI Act, 1993 and that to further declare that the (Amended) Act, 2012 as unconstitutional and void for it is beyond the legislative domain of the parliament to enact law concerning the "co-operative societies" except as provided for under Articles 249, 250, 252 or2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued by Respondent Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and the order of the Ld. District Magistrate, Thane, dated 10.04.2015 in Case No. 88/2014, Ld. Tahsildar, Thane Notice No. revenue/Room- 1/T-1/Criminal/Vashi/7268/2015/dated 30.04.2015 and the two Possession Notices dated 10.12.2015 vide Ref. No. Criminal/201/2015 and Ref. No. Criminal/202/2015 issued by Divisional Official, Belapur, (Annexure "P2" and Annexure "P3") as without jurisdiction, in violation of the principles of natural justice, section 91 and 91A of the Maharashtra Co-operative Societies Act, 1960 (XXIV of 1961) and section 84 of the Multi State Co-operative Societies Act, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which it falsely claim to be existing in its favour to any securitization companies and further that such an obligation, to observe the principles of natural justice, is liable to be read into sections 5, 6 and 7 of the SARFAESI Act, 2002 and in particularly section 6 thereof. (g) issue a writ of prohibition or any other appropriate writ or order restraining and prohibiting the respondents its agents, servants and privies from classifying the account of the petitioner or her Company as willful defaulter and proceeding in any manner or take recourse to any judicial proceedings either by way of institution of a petition as against the petitioner company or by taking recourse to the statutory powers vested in them under section 13 of the SAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch he was appointed as an authorized officer to exercise the function under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Security Interest. (j) pass any other order or orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case as also in the interest of justice as the nature and circumstances of the case may require." 3. The petitioner has filed another writ petition under Article 226 of the Constitution of India before the High Court of Bombay, literally with the same prayers. In the said writ petition, on 30th October, 2015, the High Court passed the following interim order :- "Not on Board. Mentioned. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ituted the petition under Article 226 of the Constitution of India, seeking a declaration that the measures under Sections 13 and 14 of the SARFAESI Act, 2002 are void ab initio. The Hon'ble High Court, Bombay was pleased to admit the said Writ Petition. Though the Hon'ble High Court, Bombay, was pleased to admit the said Writ Petition it was not inclined to stay the proceedings under Sections 13 and 14 of the SARFAESI Act, 2002 unconditionally. The Hon'ble High Court was pleased to grant an injunction, however, the condition subject to which the interim injunction was granted was erroneous that the petitioner was unable to comply with the same. Considering the larger issue, the petitioner, has instituted the instant Writ Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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