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2003 DIGILAW 855 (SC)

Mardia Chemicals Ltd. v. U. O. I.

2003-07-29

ASHOK BHAN, R.C.LAHOTI

body2003
ORDER : When we were about to take up the hearing, it was pointed out by some of the learned counsel that in some of the matters the pleadings are not complete and all the matters which have been directed to be placed for hearing as a batch of matters cannot be taken up for hearing. 2. The learned Additional Solicitor General appearing for the Union of India states that the principal issue arising for decision in these matters is the constitutional validity of certain provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and in most of the mattes, the Union of India has filed its counter. It is further stated by the leaned A.S.G. that the counter filed in T.C.(C) Nos.92-95 of 2002 is adopted by the Union of India as a counter in such of the matters in which counter has not been filed. Such of the learned counsel for the petitioners who wish to have a copy thereof may ask for it from the office of the learned A.S.G. Rejoinder, if any, may be filed within one week. 3. No further time shall be allowed for completing the pleadings. 4. Looking at the nature of the challenge laid to the constitutional validity of the legislation, we are of the opinion that the matter appropriately deserves to be heard by a three Judges Bench. Let T.C.(C) Nos.92-95/2002, in which the pleadings are complete, be treated as lead matter and placed before Hon'ble the Chief Justice of India soliciting directions in the matter of listing for hearing. 5. All other matters shall be tagged and placed for hearing along with the lead matter.