IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.32063 of 1997 Between: 1 Rep.by it's Propritor P.Udya Sagar, S/o. late P.Kistaiah M/s. Sagar Industrids,(A Propritary Concerned) R/o. S.R.T.48,Jawaharanagar, Chikkadpally, Hyderabad. 2 P.Gyaineshwar, S/o. late P.Kistaiah, R/o. S.R.T.48, Jawaharanagar, Chikkadpally, Hyderabad. 3 P.Ravinder, S/o. late P.Kistaiah, R/o. S.R.T.48, Jawaharanagar, Chikkadpally, Hyderabad. ..... PETITIONER(S) AND 1 The Presiding Officer,Debts Recovery Tribunal, (for Andhra Pradesh and Karnataka) Krishi Bhavan,Hudson Circle, Bangalore. 2 State Bank of India, Balanagar Branch, Ranga Reddy district Hyderabad. 3 The Union of India through the Secretary, Government of India, Department of Economic Affairs,(Banking division) Ministry of Finance, Jeevandeep Buildings, Sansad Marg, New Delhi. 4 The State of Andhra Pradesh through the Secretary, Finance Govt of Andhra Pradesh Ssecretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any appropriate writ, order , direction, preferably a writ in the nature of Mandamus, declaring that the provisions of the Recovery of debts due to the Banks and other Financial Institution Act,1993, as illegal, arbitrary and unconstitutional and consequently setaside the notification dt.30.11.1994 constituting the Respondent No.1 tribunal at Bangalore for the state of A.P. and to quash by the Respondent No.1 and to pass appropriate orders. Counsel for the Petitioner:DR.K.LAKSHMI NARASIMHA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.32063 of 1997 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the provisions of Debt Recovery Act No.51 of 1993. It is not in dispute that the constitutional validity of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, was upheld by the Apex Court in UNION OF INDIA AND ANOTHER Vs. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS[1]. The subject matter of this writ petition is squarely covered by the said decision. Therefore, we are of the opinion that the petitioners are not entitled for any relief. Accordingly, the writ petition is dismissed. The interim order granted on 03-12-1997 stands vacated. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 27-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{PRASAD} [1] (2002) 4 Supreme Court Cases 275