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.1868 of 1998 Between: 1 M/s Golconda Abrasivers Ltd Rep by Managing Director,Sri J.N. Damondarn Shantinagar, Hyderabad. 2 Sri J.N. Damondarn S/o T. Narayana Swamy, R/o H.No.35 Shantinagar, Hyderabad. 3 Smt. T. Lakshmi Damondarn W/o T.N. Damondarn R/o H.No.35 Shantinagar, Hyderabad. 4 Sri T.N. Venkatraman, S/o T.N. Damondarn R/o H.No.35 Shantinagar, Hyderabad. ..... PETITIONER(S) AND 1 The Joint Secretary to Government of India, The Union of India & Ministry of Finance Department of Economic Affaris, Central Secretariat, New Delhi. 2 The Chief Secretatry to Government The Sate of A.P., Secretariat Building, Hyderbad. 3 The Industrial Finance Corporation of India Ltd., Rep by Manager Hyderabad Branch, Tatramandal complex 5.9.13, Saifabad, Hyderabad. 4 The Chairman, Debt Recovery Tribunal For State Of Karnataks and A.P., Krishi Bhavanm, Nrupathunga Road, Hudson Circle, Banglore, Karanataka. 5 State Bank of India , Rep by Brnach Manager Makllepalli Branch, 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 will be pleased to to call for the connectred records and to issue a writ order or directrion preferably awrit in the nature of Mandmus declaring teh Act, ie Recovery of Debts due to the Banks and financial Institutions Act, 1993 (Act no.51/93 ) adn consequential notification dated 30-11-94 issued by the 1st respondent is arbiotrary, illegal and uncontitutional and ultravires being violative of Article 14, 19, 21, 300 A & 246 (3) of constituion of India and to set aside the proceedings in OA.No.445/96 pending before the 4th respondent and pass such other order or further as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner:MR.T.BHASKARA RAO Counsel for the Respondent : MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) FOR R GP FOR FINANCE & PLANNING FOR R MR.P.V.MARKANDEYULU FOR R The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1868 of 1998 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. 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{VEENA} [1] (2002) 4 Supreme Court Cases 275