THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 17268 of 2003 Between: Basith Ahmed Khan s/o late Mohd. Afzal Khan ..... PETITIONER AND The Union of India represented by its Secretary Ministry of Law and one another .....RESPONDENTS Counsel for the Petitioners: Counsel for the Respondents: . The Court made the following : ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed by the petitioners challenging the vires of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002 (for short, " the 2002 Act"). However, in view of the judgment rendered by the Supreme Court in Mardia Chemicals Ltd. v. Union of India,1 whereby the legality and validity of the 2002 Act has been upheld, the cause in this Writ Petition does not survive for further adjudication. Therefore, the Writ Petition is dismissed. However, the petitioner is at liberty to approach the Debts Recovery Tribunal by by way of filing an appeal, under Section 17 of the 2002 Act, within one month from today. On such appeal being preferred, the Tribunal is directed to entertain and decide the same, on merits, without raising the plea of limitation. No costs. _______________________ GHULAM MOHAMMED,J _______________________________ NOOTY RAMAMOHANA RAO,J 20.08.2009 KA 1 (2004) 4 SCC 311 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.