Case Law Details
A mere hardship cannot be a ground for striking down a valid legislation unless it is held to be suffering from the vice of discrimination or unreasonableness. A valid piece of legislation, thus, can be struck down only if it is found to be ultra vires article 14 of the Constitution of India and not otherwise.
Our final conclusions are summarised, thus :
(i) Section 14 of the Act is a valid piece of legislation and is declared intra vires.
(ii) The District Magistrate or Chief Metropolitan Magistrate, as the case may be, is bound to assist the secured creditor in taking possession of the secured assets and is not empowered to decide the question of legality and propriety of any of the actions taken by the secured creditor under section 13(4) of the Securitisation Act.
(iii) Though section 14 of’the Securitisation Act provides that no act of the Chief Metropolitan Magistrate or District Magistrate done in pursuance of section 14 shall be called in question in any court or before any authority, the right of judicial review under articles 226 and 227 of the Constitution of India cannot be taken away, but that power can be exercised only in cases where the concerned Magistrate or the Commissioner, as the case may be, exceeds his power or refuses to exercise his jurisdiction vested in him under the law.
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