IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 25572 of 2002 Between: M/s. Happy Castles (Pvt.) Ltd. Rep. by its Director, C. Raghu Rami reddy Karakambadi Road, Akkarampalli Village, Tirupathi - 517 507 ..... PETITIONER AND M/s. Lord Krishna Bank Ltd Rep. by its Deputy General Manager, V.M. Soni Shivashankar Plaza, 19, Lalbagh Road, Richmond Circle, bangalore - 560027 .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an Order, Direction of Writ more particularly one in the nature of Writ of Certiorari or any other appropriate Writ, Order or direction of the like nature declaring the action of the Respondent bank in issuing the Notice dated 4-12-2002 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcements of Security Interest Ordinance - 2002 (Now Act) which was served on the petitioner company on 12-12-2002 as illegal, arbitrary and against the Principles of Natural Justice and violative of the Provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Ordinance 2002 (Now Act) and quash the same directing the Respondent bank not to enforce the provisions of the Securitisation and Reconstruction or Financial Assets and Enforcement of Security Interest Ordinance 2002 in view of the pendency of O.A.No. 195 of 2000 before the Hon'ble Debt Recovery Tribunal, Bangalore and pass Counsel for the Petitioner:SMT.KALPANA EKBOTE Counsel for the Respondent No.: . THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 25572 of 2002 ORDER: (per Sri Justice Ghulam Mohammed) Learned counsel appearing for the petitioner submits that the cause in the writ petition does not survive for adjudication and the same has become infructuous. Recording the submission of the learned counsel, the writ petition is dismissed as infructuous. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR, J Date 10.07.2009 KA