Binding Supreme Court ruling bars fresh constitutional challenge to SARFAESI provisions in writ proceedings.

A High Court cannot re-agitate a constitutional challenge to the SARFAESI Act and related enforcement provisions where the Supreme Court has already upheld their validity. The binding force of Article 141 requires lower courts to follow the law declared by the Supreme Court, even if some arguments were not expressly considered or every statutory provision was not specifically discussed. The writ petitions therefore could not succeed on merits, because the constitutional issues had been concluded by the apex court's earlier pronouncement.

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Issues: Whether the constitutional challenge to the SARFAESI Act and the related statutory provisions could be re-agitated in the writ petitions in view of the Supreme Court's earlier pronouncement and the binding effect of Article 141 of the Constitution of India.

Analysis: The petitioners sought to assail various provisions of the SARFAESI Act and the Rules on grounds of lack of hearing, violation of natural justice, absence of remedies, and unconstitutionality. The Court noted that the constitutional validity of the Act, particularly with reference to the relevant enforcement and remedial provisions, had already been considered by the Supreme Court. It further held that a High Court cannot reopen issues concluded by the Supreme Court merely because certain arguments were not considered or some provisions were not expressly adverted to, since the law declared by the Supreme Court is binding under Article 141.

Conclusion: The writ challenge was not entertainable on merits and the petitions were liable to be dismissed in deference to the binding Supreme Court decision.

Ratio Decidendi: A High Court cannot re-examine the constitutional validity of statutory provisions already upheld by the Supreme Court, and the law declared by the Supreme Court remains binding even if some contentions or statutory provisions were not specifically considered.

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