Supreme Court · 2023 INSC 446 · Decided 28 April 2023
State of Himachal Pradesh and Others v. M/S A.J. Infrastructures PVT. LTD and ANR.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 446 · [2023] 4 S.C.R. 773
- Case number
- CIVIL APPEAL No. 8980/2012
- Decided
- 28 April 2023
- Bench
- S. RAVINDRA BHAT, DIPANKAR DATTA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 151; Constitution; Companies Act; SARFAESI Act Section 35, 26E
Headnote
Himachal Pradesh General Sales Tax Act, 1968- s.16-B- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - s.35-Held: s.16-B of the HPGST Act is not ultra vires any provision of law - It is legislation and is not ultra vires the Constitution and/ or the Banking Companies Act as erroneously held in the decision of the High Court impugned in CA No.9212 of 2012- Further, in view of the decision in Central Bank of India case, any observation in the decision impugned in CA No.8980
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