IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE and THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 8091 of 2003 Between: 1. M/s Pradeep Manj Industries rep by its Managing Partner Shri K.Pradeep R/o D.No.4-1-1229, Boggulkunta, Hyderabad. 2. Mr K.Pradeep, S/o Sushil Kumar Kanodia, aged about 33 years Occ Business R/o D.No.4-1-1229, Boggulkunta, Hyderabad 3. Mr Manj Kanodia s/o Sushil Kumar Kanodia aged about 30 years, Occ: Business R/o D.No.4-1-1229, Boggulkunta, Hyderabad 4. Dr Mahesh Kumar Todi s/o Sri Jagadish Prasad Todi aged 43 years Odd: Doctor R/o 5-9-226/4, 1st Floor, Chirag Ali Lane, Hyderabad. 5. Smt Sudha Kanodia w/o Sri Pradeep Kumar Kanodia aged about 33 years, Occ: Business R/o D.No.4-1-1229, Boggulkunta, Hyderabad 6. Smt Barkha Kanodia W/o Sri Manj Kanodia Aged about 27 years Occ; Business R/o D.No.4-1-1229, Boggulkunta, Hyderabad ..... PETITIONERs AND 1. The Union of India rep by its Secretary Ministry of Law, Shastri Bhawan, R.P. Road, New Delhi. 2. M/s Prudential Coop Bank Ltd rep by Asst General Manager, 8-1-381, R.P. Road, Secunderabad .....RESPONDENTs 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 writ of mandamus or any other appropriate writ, order or direction, striking down the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and striking down Sections 13, 15 and 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and quashing the notice in Ref.No.PCB/RP/AR/ESI/93G4/02-03 dated 31-3-2003, issued by the respondent No.2 and be pleased to pass such other order or orders. Counsel for the Petitioners: MR.A.SUDERSHAN REDDY Counsel for the Respondent No.1: Mr A.Rajasekhar Reddy, SC for CG Counsel for the respondent No.2: Mr S.Ashok Anand Kumar The Court Made the Following ORDER: (per Hon’ble Sri Devinder Gupta, The Chief Justice) In view of the decision of the Hon’ble Supreme Court in Transfer Case (Civil) No.92- 95 of 2002, dated 8th April, 2004 [MARDIA CHEMICALS LTD v UNION OF INDIA & ORS], challenge to the provisions of the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is not tenable and for that reason relief prayed for in this writ petition cannot be granted. Writ petition is, therefore, dismissed. ______________________ DEVINDER GUPTA, CJ ______________________ G.ROHINI, J 17th June, 2004. nmr ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Secretary, Union of India, Ministry of Law, Shastri Bhawan, R.P. Road, New Delhi. 2. Asst General Manager, M/s Prudential Coop Bank Ltd 8-1-381, R.P. Road, Secunderabad 3.2CD copies