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Judgment
K.L. Manjunath, J.—These appeals are preferred being aggrieved by the order passed in Writ Petition No. 6032/2008 dated 21st July 2008. The appellant herein filed the writ petition seeking following reliefs:
(a) hold that Section 14(3) of the Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 as unconstitutional and ultra vires the Constitution of India and violative of Article 14 of the Constitution of India.
The learned Single Judge after hearing the parties, came to the conclusion that against an order passed u/s 17 of the Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (''SURFASI Act'' for short), there is an appeal provided u/s 18 of the Act and since such remedy is not exhausted by the appellant, rejected the writ petition, granting liberty to the petitioner to avail such remedy. Challenging the same, the present appeal is filed.
We have heard Sri. S.V. Bhat, learned counsel appearing for the appellant and Sri. Y.V. Parthasarathy, learned counsel for respondent No. 2, Sri. M. Keshava Reddy, learned Addl. Govt. Advocate for respondent No. 3 and Sri. B.K. Narendra Babu, learned counsel appearing for respondents 5 and 6. On hearing, we cannot find any fault with the order of the learned Single Judge in directing the appellant to file an appeal u/s 18 of the SURFASI Act as it cannot be considered as not an alternative or efficacious remedy. However, we see that, in the writ petition, appellant had sought for a declaration to declare that Section 14(3) of the SURFASI Act as unconstitutional and ultra vires. This question has not been addressed to by the learned Single Judge. Therefore, we are of the view that the matter has to be reconsidered by the learned Single Judge as the main contention of the appellant has not been addressed to by the learned Single Judge.
In the result, appeals are allowed in part. We request the learned Single Judge to consider prayer (a) to the writ petition in accordance with law.
Further, the appellant is granted liberty to file an appeal u/s 18 of the SURFASI Act, if he is desires to do so, within 30 days from today.