IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.213 of 1998 Between: B.Rami Reddy, S/o. Late Madhusudan Reddy, Kalyan Nagar, Hyderabad. ..... PETITIONER AND 1 Union Of India, Rep. Finance Secretary, Central Secretariat, North Block, New Delhi. 2 Canara Bank, Rep. Branch Manager, Basheerbagh, Hyderabad. 3 The Chairman, Debt Recovery Tribunal, Krishi Bhavan, Nrupathunga Road, Bangalore. 4 R.R.Fasteners Ltd., (Dismissed), Rep. Manging Director, 6-3-1111/1, Begumpet, Hyderabad. R4 is dissmissed for defualt as per the court order dt 27/3/03 5 Mr.Ramesh Khandalia, M.D., H.No.6-3-1111/1. Begumpet, 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 may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring that the recovery of the debts due to banks and financial institutions Act (Central Act 51/93) as ultravirus and violative of Articles 14, 19, 21, 300 and 246(3) of the Constitution of India and consequently stay all further proceedings in O.A.No.37/97 (O.S.849/90) on the file of the 3rd respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.RAMI REDDY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.213 of 1998 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the provisions of Debt Recovery Act No.51 of 1993. It is not in dispute that the constitutional validity of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, was upheld by the Apex Court in UNION OF INDIA AND ANOTHER Vs. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS[1]. The subject matter of this writ petition is squarely covered by the said decision. Therefore, we are of the opinion that the petitioner is not entitled for any relief. Accordingly, the writ petition is dismissed. The interim order granted on 12-01-1998 stands vacated. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 27-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VEENA} [1] (2002) 4 Supreme Court Cases 275