Supreme Court of India
State of Himachal Pradesh and Others v. M/s A.J. Infrastructures Pvt. Ltd and Anr.
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What the Court ordered
We hold that any observation in the decision dated 7th September, 2007 touching upon section 16-B of the HPGST Act vis-à- vis section 35 of the SARFAESI Act is of no effect.
Judgment, page 21
From the headnote
Himachal Pradesh General Sales Tax Act, 1968– s.16- – Securitisation and Reconstruction of Financial Asse ts and Enforcement of Security Interest Act, 2002 – s.35–He ld: s.16- of the HPGST Act is not ultra vires any provision of law – It is a perfectly valid piece of 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– urther, in view of the decision in Central Bank of India case, any observation in the decision impugned in CA No.8980 of 2012 touc hing upon s.16- of the HPGST
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