IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 24670 of 1998 BETWEEN: 1 Sri S.V.S.S Prakash Raju, S/o. S.V.Raju, No.11, Indraprastha, Transport Road, Secunderabad. 2 Savasi Chem Industries, rep.by it's Proprietor Sri S.V.S.S.Prakash Raju, No.11 , Indraprastha,Transport Road, Secunderabad. ... PETITIONERS AND 1 Indian Bank, rep.by it's Zonal Manager, Himayatnagar, Hyderabad, having it's principal place of business at 31, Rajaji Road, Madras, having its branch at R.P.Road, Secunderabad. 2 The Registrar, Debt Recovery Tribunal, Hudson Circle, Krishi Bhavan, Bangalore. ...RESPONDENTS 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, direction or writ particularly one in the nature of writ of mandamus declaring that the constitution of the 2nd Respondent Tribunal is beyond the scope of parliament in terms of Art.323-B of the Constitution of India and the said Tribunal is unconstitutional and further declare that the action of the 2nd Respondent in not accepting the petitioner's application on 28.8.1998 for setting aside the exparte order passed against the petitioner in O.A.No.1227/96 is arbitrary and illegal and pass such further or other orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.K.SATYANARAYANA RAO Counsel for the Respondents: MR.P.R.PRASAD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 24885 of 1998 BETWEEN: 1 M/s. Tirumala Enterprises, rep.by it's M.Venkateswar Rao, R/o Kapavaram, Korukonda Mandal, East Godvari District. 2 M.Venkateswar Rao, S/o. China Thammaiah, M/s. Tirumala Enterprises, Kapavaram, Korukonda Mandal, East Godavari District. 3 M.Krishnaveni, W/o. M.Venkateswar Rao, R/o Kapavaram, Korukonda Mandal, East Godavari District. 4 M. Srinivas Rao, S/o. M.Venkateswar Rao, R/o Kapavaram, Korukonda Mandal, East Godavari District. ... PETITIONERS AND 1 Indian Bank, rep.by it's Principal Officer and Zonal Manager, Hyderabad. 2 Registrar, Debt Recovery Tribunal, Krishi Bhavan, Hudson Circle, Bangalore - 560 002. ...RESPONDENTS 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 a order or orders or directions particularly in the nature of Writ of Mandamus or similar Writ directing issue a writ or order or a direction more particularly in the nature of Writ of Mandamus calling for the records pertaining to O.A.No.1005/96 on the file of the Debts Recovery Tribunal and declare the same as illegal, arbitrary, contrary to the C.P.C as well as Indian Evidence act and violative of Art 14,19 & 21 of Constitution of India and principles of natural justice and consequently directing the lower court i.e. Subordinate Judge at Rajahmundry to try the suit and dispose of the same in accordance with the law by taking the procedure of C.P.C. as well as Indian Evidence Act in the interest of justice and pass such other order or orders as this Hon'ble High Court deems fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.M.V.RAJA RAAM Counsel for the Respondents: MR.K.SRINIVASA MURTHY MR. A. RAJASHEKAR REDDY (ASST SOLICITOR GEN.) IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 28592 of 1998 BETWEEN: M/s. Sintho Drugs, Rep. by its Proprietor Vikram Waghray S/o.JN Waghray, A-26/2 Nacharam Industrial Area, Ranga Reddy District ... PETITIONER AND 1 Union of india Rep. by its Secretary, Ministry of Finance, Central Secretariat, New Delhi. 2 Syndicate Bank Rep. by its Branch Manager, Basheerbagh Branch, Hyderabad. 3 The Chairman, Debt Recovery Tribunal for A.P., and Karnataka, Krishi Bhavan, Hudson Circle, Nrupatunga Road, Bangalore-2. ...RESPONDENTS 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 appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the enactment of Debt Recovery Act (51 of 1993) as ultravires to the Constitution of India, illegal and violative of principles of natural justice and violative of Art.14, 19,21,300-A and 246 (3) of Constitution of India and consequently to declare the proceedings O.A.555/98 pending before III respondent as illegal, void and without Jurisdiction and pass such other order or orders as deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.K.WAGHRAY Counsel for the Respondents: MR.K.G.SASTRY MR. A. RAJASHEKAR REDDY (ASST SOLICITOR GEN.) IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 28792 of 1998 BETWEEN: 1 Smt. A.Devamma, W/o late A. Bhoomaiah, Rep. through their GPA Holder. R/o Pangally, Bodhan-503185. 2 M/s. Srinivasa Nursing Home, rep. by its Prop. Dr.K.Srinivasa Rao, H.No.3-1-203, Behind Govt.Hospital, Bhodan. 3 Dr.K.Srinivasa Rao, S/o Narasimha, H.No.3-1-203, Behind Govt.Hospital, Bhodan, Nizamabad Dist. 4 Nari Shetty Anthaiah, S/o Papaiah, Rep by their GPA Holder. R/o Dubba P.O., Bodhan-503185. ... PETITIONERS AND 1 Sri V.Kantharaju, Registrar, Debts Recovery Tribunal, Krishna Bhavan, Nrupathunga Road, Hudson Circle, Near Police Corner, Bangalore-1. 2 G.Narayana Chenulu, Syndicate Bank, Bhodan-503185, Nizamabad Dist. 3 Debts Recovery Tribunal, rep. by its Registrar, Bangalore. ...RESPONDENTS 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 appropriate Writ, order or direction, more particularly a Writ in the nature of Certiorari, calling for the records relating to and connected with the order dt.31.7.98 and made in IA No.157/94 in OA No.358/96 on the file of the 3rd respondent and quash the same by declaring that the Registrar, Debts recovery Tribunal has no authority or jurisdiction to pass such other order or orders. Counsel for the Petitioners: MR.K.SRINIVASA RAO Counsel for the Respondents: MR.K.G.SASTRY MR. A. RAJASHEKAR REDDY (ASST SOLICITOR GEN.) IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 32561 of 1998 BETWEEN: 1 M/s. Anuradha Timber Estates, Regd. Partnership firm having it's Officer at No.97-A, Road No.14, Jubilee Hills, Hyderabad. 2 Sri Ch. Tirupathi Rao, S/o. Late Laxmaiah, No.97-A, Road No.14, Jubilee Hills, Hyderabad. 3 Sri Ch. Srinivas Rao, S/o. Late Laxmaiah, No.97-A, Road No.14, Jubilee Hills, Hyderabad. 4 Smt Venkatasubbamma @ Sumati W/o. Ch.Tirupathi, No.97-A, Road No.14, Jubilee Hills, Hyderabad. ... PETITIONERS AND 1 Govt. of India, Rep. by it's Finance Secretary, New Delhi. 2 Chairman Debt Recovery Tribunal, Bangalore. 3 Manager, Andhra Bank Srinagar Colony, Panjagutta, Hyderabad. ...RESPONDENTS 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 any appropriate writ order or direction declaring the Recovery of Debts Due to Bank & Financial Institutions Act 1993 as illegal, arbitrary and unconstitutional being violative of Art 14, 19, 21, 233, 323A & 323B and set aside the notification issued by the 1st Respondent in Notification No.G.S.R.832(E) dt.30.11.1994 and consequently quash the order in O.A.694 /1995 DT.11-6-1996 on the file of the 2nd Respondent Tribunal as illegal arbitrary and unconstitutional 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 Petitioners: MR.S.SRINIVAS REDDY Counsel for the Respondents: MR.K.RAMULU (ADD.CGSC) Mr. P. PAPA RAO IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 2137 of 1999 BETWEEN: M/s. Edukondala Venkataramana Reddy, Rep By Its Managing Partner-G.V.Ramanaiah, A.C.Nagar, Nellore-2. A.P. State. ... PETITIONER AND 1 Union of India, Rep By Its Secretary, Minister of Finance Vitha Mantharayama, New Delhi. 2 The Indian Bank, Trunk Road, Nellore District. A.P. State. 3 The Debt Recovery Tribunal, Krishi Bhavan Corporation Circle, Bangalore. ...RESPONDENTS 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 any appropriate Writ, order or direction declaring the Recovery of Debts due to Banks and Financial Institutions Act, 1993 as illegal, arbitrary and unconstitutional being violative of Articles 14, 19, 21, 233, 323 and 323-B and set aside the Notification issued by the 1st Respondent in Notification No.Gs.R. 832(E) dated 30/11/1994 and further declare the action of the 3rd Respondent Tribunal is taking cognizance of and taking the O.A.664/98 on its file as illegal, void and contrary to law and pass such other order or orders as deem fit and proper. Counsel for the Petitioner: MR.UNNAM.MURALIDHAR RAO Counsel for the Respondents: MR.H.PRAHALADA REDDY (ADD.CGSC) IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 7497 of 1999 BETWEEN: O.P. Agarwal S/o Bisveswarlal Agarwal, Hari Nikethan, 284, Vardhaman Nagar, Nagpur. ... PETITIONER AND 1 The Secretary, Department of Finance, Union of India, Central Secretariat, New Delhi. 2 The Registrar, Debt Recovery Tribunal, Hudson Circle, Bangalore. 3 The Manager Bank of Baroda, Abids Branch, Hyderabad. ...RESPONDENTS 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, direction or writ particularly one in the nature of writ of mandamus declaring that the constitution of 2nd respondent tribunal is beyond the scope of parliament in terms of Article 323-B of the constitution of India and the 2nd Respondent Tribunal is unconstitutional and further declare that the action of the 3rd respondent in initiating the proceedings against petitioner is wholly arbitrary, unjust and illegal and pass such further or other order orders as this Hon'ble court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.SATYANARAYANA RAO Counsel for the Respondents: MR.K.RAMULU (ADD.CGSC) MR. D. PRAVEEN IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 9578 of 1999 BETWEEN: Sri Jitendra Giri S/o. Late Sri Chandrabhan Giri, Resident of Towli Chowki, Hyderabad. ... PETITIONER AND 1 Union of India, Ministry of Finance, Department of Economic Affairs by its Secretary Banking Division, New Delhi. 2 The Debt Recovery Tribunal for Andhra Pradesh & Karnataka Hudson Circle, Krishi Bhavan, Bangalore - 560 002. 3 Syndicate Bank, Basheer Bagh Branch, Hyderabad. ...RESPONDENTS 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 The Recovery of Debts Due to the Banks & Financial Institutions Act 1993 (51 of 1993) be struck down as ultravires of the Constitution of India and set aside the proceedings before the Debt Recovery Tribunal in O.A.Nos.1297/97 1349 of 1997 instituted under the said Act, and pass such other order or orders as it deem fit and proper in the circumstance of the case. Counsel for the Petitioner: MR.M.VIJAYA SARATHI REDDY Counsel for the Respondents: MR.K.G.SASTRY The Court made the following: COMMON ORDER: (per Hon’ble Sri Justice V. Eswaraiah) The issues raised in all these writ petitions are covered by the judgment of this Court in WP.No.4028 of 1998 and batch dated 23.01.2009 wherein this Court made the following order: “In all these writ petitions the petitioners question the Constitutional validity of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993). 2. Sri A. Rajashekar Reddy, learned Assistant Solicitor General, submits that Constitutional validity of the aforesaid Act 51 of 1993 has been upheld by the Supreme Court in UNION OF INDIA v. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS[1]. In view of the above, the writ petitions are accordingly dismissed. There shall be no order as to costs.” Following the aforesaid order, the writ petitions are accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J February 2, 2009 DSK [1] (2002) 4 SCC 275