THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :8450 of 2003 Between: Harikishan Ratawa & another. ..... PETITIONERs AND 1.Union of India & another. .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :8450 of 2003 ORDER: (Per the Hon’ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed by the petitioner 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 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. 1 (2004) 4 SCC 311 ___________________________ Justice Ghulam Mohammed Date:12.8.2009 _______________________________ Justice Nooty Ramamohana Rao gurc THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :8450 of 2003 (Order of the Division Bench delivered by Sri Justice Ghulam Mohammed) 12th August, 2009.