Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
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ILC-2016-SC-CIVIL-Mar-13

Pratibha Ramesh Patel Vs. Union of India & Ors.

Head Note

Constitution of India, 1950  - Article 32. , Article 226

Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012,sections 2, 12 and 15(a) - Debt Recovery - Validity of Provision - Challenge to validity of Amendment Act, 2012 - Petitioner filed a writ petition before the High Court under Article 226 of the Constitution of India the same having been admitted by the Court and an interim order granted which has worked itself out and the petition is still pending before the High Court - Held that filing a writ petition under Article 32 of the Constitution of India before the Apex Court is nothing but an abuse of process of the Court, if not misuse - Writ petition liable to be dismissed with costs of Rs.1,00,000/- to be deposited with the Supreme Court Legal Services committee within four weeks.

Topic(s)-Debt Recovery - Validity of Provision Valid







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