IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 16585 of 1998 BETWEEN: M/s. Andhra Cements Ltd,. Rep. by its authorised rep. Mr. E.V.R.S.A.Prasad, S/o E.R.K. Murthy, R/o. Secunderabad. ... PETITIONER AND 1 Debts Recovery Tribunal, Madras. 2 State Bank of Bikaner and Jaipur, Rep. by its Chief Manager, Rajaji Salai, Madras Branch, Madras. 3 New Century Leasing and Investments Limited, Rep. by its Managing Director, Mount Road, Madras. ...RESPONDENTS 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 a Writ of Mandamus or any other appropriate Writ and direct the first respondent to forbear from proceeding with adjudication of money suit filled by the 2nd Respondent against the petitioner in O.A.No.275/98 without obtaining consent from the Board for Industrial and Financial Reconstruction (B.I.F.R) during the period of implementation of the Rehabilitation package sanctioned by the said Board in favour of the petitioner in Case No. 33/90 dated 6-6-94 and grant such other relief as it deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.VENKATARAMANA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) MR. M.NARENDER REDDY The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Mr. P. Venkataramana, learned counsel for the petitioner submits that the subject matter of the writ petition has become infructuous and there survives no cause for adjudication. Recording the above submission, the writ petition is accordingly dismissed as infructuous. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J February 5, 2009 DSK