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.28793 of 1997 Between: M/s Sri Lakshmi Tobacco Co. rep: by its Managing Partner, Madala Venkateswara Rao, r/o Vidyanagar, Ring Road, Guntur Dist. ..... PETITIONER AND 1 The Union of India, rep. by its Finance Secretary, Central Secretariate, New Delhi. 2 M/s Andhra Bank, rep: by its Chief Manager, and Principal Officer, Guntur Main Branch, Jinnah Tower, Guntur. 3 The Chairman, Debt Recovery Tribunal at Krishi Bhavan, Nrupathunga Road, Bangalore - 560 002. .....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 a direction or a Writ more particularly in the nature of a Writ of Mandamus declaring the original proceedings bearing No. 720 of 1996 on the file of the third respondent Tribunal against the Petitioner Company herein as invalid and order re-transfer of the suit O.S.No.15 of 1989 on the file of the Sub-ordinate Judge, Guntur District where it was pending before transfer which is renumbered as O.A.No.720 of 1996 after declaring the provisions of Act No.51 of 1993 which is illegal, arbitrary violative to the principles of natural justice and unconstitutional, and it is violative of Articles 14, 19, 21, 300 and 246(3) of the Constitution of India. Counsel for the Petitioner:MR.Y.VISWESWARA RAO 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.28793 of 1997 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. 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{KRD} [1] (2002) 4 Supreme Court Cases 275