IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 10217 of 2003 Between: M.Lalitha Bai W/o.M.Janardhan Rao R/o.10-2-4, East Marredpally, Secunderabad-26. ..... PETITIONER AND 1 The Prudential Co-operative Bank Ltd., Rep.by its Administrator, Govt.of A.P., Hyderabad. R.P.Road, Secunderabad. Situated at Head Office, R.P.Road, Secunderabad. 2 The Registrar of Co-operative Societies Nampally, Hyderabad. .....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 will be pleased to to issue a writ of Mandamus or any toher order in the nature of writ directing the 1st respondent not to implement the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the follow action pursant to the Notice No.PCB/RP/AR/ESI/47/G1/02-03 DT.13.3.2003 by calling for the reords and by declaring that the said notice is arbitrary and illegal and pass Counsel for the Petitioner:MR.S.CHAKRAPANI Counsel for the Respondents : GP FOR COOPERATION GP FOR AGRICULTURE The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 10217 of 2003 ORDER: (Hon’ble Sri Justice Ghulam Mohammed) 1. This writ petition is filed challenging the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the Act”) as ultra vires and unconstitutional and also challenging the notice issued thereunder. 2. The said issue is no more res integra as the Supreme Court has upheld the validity of the said Act in a decision reported in Mardia Chemicals Limited and others Vs. Union of India and others (2004) 4 SCC 311). Therefore, the writ petition is dismissed. However, this order does not preclude the petitioner from taking any other alternative remedies that may be available to him in law. No order as to costs. _____________________________ JUSTICE GHULAM MOHAMMED ________________________________ JUSTICE VILAS V. AFZULPURKAR Dt. 23.6.2009 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KMR}