(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) After hearing Mr. V.K. Shah, learned Counsel appearing on behalf of the petitioners, we are prima-facie convinced that IIIrd proviso to Section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is ultra-vires Article 14 of the Constitution of India, inasmuch as it takes away the right of an aggrieved person to prefer appeal even in a case where the secured creditor has fully recovered the demanded amount before presentation of appeal without making payment of 25% of the selfsame amount. We, accordingly, issue such notice returnable after three weeks. Notice be also issued to learned Attorney General of India. Let there be stay of proceedings pending before the concerned Tribunal, being Appeal No. (Lodg.) 207/12.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.
Pardiwala, J.) */Mohandas