HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 1349 of 2004 O R D E R: (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 petitioners are at liberty to approach the Debts Recovery Tribunal 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) 6th August 2009 ksld ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR} [1] (2004) 4 Supreme Court Cases 311