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 : 13632 of 2003 Between: 1 Smt. K. Kusuma Kumari, W/o. K. Venkat Rao, Hindu, R/o. 6-3-900/6-9, Durga Nagar Colony, Punjagutta, Hyderabad. 2 K. Veerandra, S/o.K. Venkat Rao, 6-3-900/6-9, Durga Nagar Colony, Punjagutta, Hyderabad. 3 K. Leela Krishna, S/o. K. Venkat Rao, rep.by his G.P.A. Holder Smt. K. Kusuma Kumari, R/o. 6-3-900/6-9, Durga Nagar Colony, Punjagutta, Hyderabad. ..... PETITIONER(S) AND 1 Union of India, Rep.by its Secretary, Ministry of Law, Shastri Bhawan, R.P. Road, New Delhi. 2 The Prudential Cooperative Bank Ltd, Rep.by its Asst. General Manager- cum Authorised Officer 8-1-381, Rashtrapathi Road, Secunderabad-3. .....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 issue a Order or Orders or a Writ more particularly one in the nature of Writ of Mandamus declaring the Securitisatin & Reconstruction of Financial Assets & Enforcement of Security interest Act, 2002, more particularly Section 13(2) and 13(4) as invalid and violative of the rights of the petitioners guaranteed under the Constitution of India and consequently declare the Notice dated 22-04-2003 issued by the 2nd Respondent under Section 13(2) of the Act, as arbitrary, Violative of Principles of Natural Justice and Article 14, and 300-A of Constitution of India and pass. Counsel for the Petitioner: MR.K.CHAITANYA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 13632 of 2003 ORDER: (Hon’ble Sri Justice Ghulam Mohammed) 1. This writ petition is filed challenging the provisions of Sections 13 (2) and 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the Act”) as ultra vires and also the notice issued thereunder as arbitrary and violative of principles of natural justice. 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{RAGHU}