IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND 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 : 16923 of 2002 Between: 1 M/s.Madhu Cotton Trading Company Rep.by its Managing Partner,Jakkampudi Madhusudhan Rao Chilakaluripeta town. Guntur,District 2 M/s Madhu Cotton & Oils Private Ltd., Rep.by its Managing Director Amulya Appartments., Rjendranagar,Guntur 3 Jakkampudi Madhusudhan Rao S/o Venkatasubbaiah R/o. Pasumarru Village, Chilakaluripeta Mandal Guntur District. 4 Jakkampudi Annapurna W/o. Sitharama Rao R/o Pasumarra Villaga, Chilakaluripeta Mandal, Guntur,District. 5 Jakkampudi Sitharamma W/o. Madhusudhana Rao R/o. Pasumarru Village, Chilakaluripeta Mandal Guntur District. 6 Jakkampudi Nagaratnamma W/o. Late Venkatasubbaiah R/o. Pasumarru Village, Chilakaluripeta Mandal Guntur District. ..... PETITIONER(S) AND Vijaya Bank Rep.by its Branch Manager Chilkaluripeta Branch, Guntur District. .....RESPONDENT 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, order or direction more particularly one in the nature of a Writ of Mandamus, declaring that the action of the respondent Bank in issueing the impugned notice under Sec.13(4) of SECURITISATION & reconustruction of finincial assets & enforcement of security intrests ordinance, 2002 (Ordinance No.2/2002), in respect of the suit claim of the respondent Bank in O.A.No.675/2002 on the file of the Debt Recovery Tribunal,Vishakapatnam, is arbitrary and with out jurisdction and direct the repondents Bank not to take any coercive steps aganist the properties of the petitioner pursuant to the said impugned notice by invoking the powers under Sec.13(4) of the said Act (Ordinance 2/2002) and to pass such other order or orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: MR.E.AJAY REDDY The Court made the following : Form-NIC-OGS/WP{ESWAR} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.16923 of 2002 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) Kum K.Kalpana, learned counsel, appearing on behalf of Sri Vedula Venkata Ramana, learned counsel for the petitioners, represents that the subject matter in the writ petition has become infructuous. 2. In the circumstances, the writ petition is dismissed as infructuous. The interim direction granted on 13-9-2002 stands vacated. There shall be no order as to costs. _________________________ JUSTICE V.ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR January 22, 2009 Kvr