IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH 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.16311 of 1998 Between: General Trading Corporation, Rep. by its Partner S. RamaKantha Reddy, S/o Janardhana Reddy, Hyderabad a partnership Firm Regd. under Partnership Act, R/o. Ponnakallu Village, Adkal Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 Union of India, Rep. by its Secretary, Finance Department, Central Secretariat, New Delhi. 2 M/s. Andhra Bank, Rep. by its Manager, A Government of India, Under Taking, R.P.Road Branch, Secunderabad. Andhra Pradesh, 3 The Debt Recovery Tribunal, Rep. by its Chairman, Andhra Pradesh and Karnataka, Krishi Bhavan, Hudson Circle, Nrupathunga Road, Bangalore - 2. Karnataka State. .....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 a Writ, order or direction, one in the nature of Writ of Mandamus, declaring the O.A.1041/95 and the decree passed by 3rd Respondent, as not valid and legal, not binding on the petitioner, after declaring the Act 51/93 i.e. Recovery of Debts due to Banks and Financial Institutions Act as illegal, invalid and unconstitutional and to pass such other just and appropriate orders in the matter. Counsel for the Petitioner:MR.V.S.VALLURU 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.16311 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 petitioner is 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: 28-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KRD} [1] (2002) 4 Supreme Court Cases 275