IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19199 of 2003 Between: M/S SREE RAGHVAENDRA FOOD PRODUCTS, Rep by its managing partner Smt P Usha RAni, W/o PVSR Anjaneyulu D.No.6/13, Brodipeta, Guntur ..... PETITIONER AND 1 The Govt of India Rep by its Secretary Legal Affiars, New Delhi 2 The Registrar of Cooperative Socities Nampally, Hyderabad 3 The Andhra Bank Rep by its deputy general manager Zonal Office, Guntur Guntur District 4 The manager Andhra Bank, SSI UNIT, Large Centre, Guntur Guntur District .....RESPONDENTS 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 issue an order, direction especially one in the nature of writ of mandamus declaring that the notice dated 20-02-2003 issued by the respondent bank under section 13(2) of the Securitisation and Reconstruction of Financial assets and enforcement of securities interest Act-2002 is illegal, arbitrary and violative of principles of natural justice and further declare that the provisions of section 13 of the said Act is ultravires and unconstitutional. Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.1: MR. A. RAJASEKHAR REDDY, S.C.FOR CENTRAL GOVERNMENT. Counsel for the Respondent No.2:GP FOR COOPERATION Counsel for the Respondent Nos.3&4: SMT.K.SESHARAJYAM The Court made the following : ORAL ORDER: (per Hon”ble Sri Devinder Gupta, The Chief Justice) In view of the decision of the Hon’ble Supreme Court in Transfer Case (Civil) No.92- 95 of 2002, dated 8th April, 2004 [MARIDA CHEMICALS LTD v UNION OF INDIA AND ORS], challenge to the provisions of the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is not tenable and for that reason relief prayed for in this Writ petition cannot be granted. Writ petition is, therefore, dismissed. _____________________ DEVINDER GUPTA, CJ. _____________________ 21st July, 2004 C.V.RAMULU, J. Pnb/Jsu To 1 The Secretary, Govt of India, Legal Affiars, New Delhi 2 The Registrar of Cooperative Socities Nampally, Hyderabad 3 The Deputy General Manager,Andhra Bank Zonal Office, Guntur Guntur District 4 The manager,Andhra Bank, SSI UNIT, Large Centre, Guntur, Guntur District 5 2 CCs to the G.P. for Cooperation, High Court Buildings, Hyderabad.(OUT) 6 2CD copies