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.32388 of 1997 Between: Mrs. G. Vijaya W/o. Sri Madhusudhana Rao Jayasurya Nagar, Bombay Dyeing Colony, Guntur District ..... PETITIONER AND 1 The Union of India rep. by its Finance Secretary, Central Secretariat, New Delhi. 2 M/s. Indian Overseas Bank Adarsh Nagar Branch, 5-9-30/A, Paigah Plaza buildings, Basheerbagh, Hyderabad - 500 029. 3 The Chairman, Debt Recovery Tribunal at Krishi Bhavan, Nrupathunga Road, Bangalore-560 002. .....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 an order or a direction or a Writ more particularly in the nature of a Writ of Mandamus declaring the original proceedings bearing No. O.A.No. 306 of 1996 on the file of the third respondent Tribunal herein against the Petitioner Company as invalid, consequent to declaration that Act No. 51 of 1993 (recovery of debts to Banks and Financial Insitutions) is ultra- virus to the Constitution, violative to the principles of natural justice, violative of Art.14, 19,21,300 and 246 (3) of the constitution of India and pass such other order or orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.SATYANARAYANA RAO ADIRAJU Counsel for the Respondent No.: MR.P.BADRI PREMNATH The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.32388 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 petitioner is not entitled for any relief. Accordingly, the writ petition is dismissed. The interim order granted on 30-12-1997 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