IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTEENTH DAY OF JULY 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 : 21438 of 2003 Between: M J V V D Prakash s/o PANDURANGA RAO M/S BHAVANA JEWELLERS, PLOT NO.14, KAMALAPURI COLONY, HYDERABAD. ..... PETITIONER AND 1 UNION OF INDIA, THROUGH MINISTRY OF FINANCE, NEW DELHI, REP. BY ITS PRINCIPAL SECRETARY. 2 BANK OF INDIA, HYDERABAD ZONE, REP. BY ITS ZONAL MANAGAR & AUTHORISED OFFICER PTI BUILDINGS (II FLOOR) A.C.GUARDS, KHAIRATABAD, HYDERABAD 500 004 .....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 appropriate Writ or order direction more particularly one in nature of writ of mandamus declaring Section 13 of the Securitisation and reconstruction of the Financial Assets and Enforcement of Security Interest Act 2002 as arbitrary, illegal and ultra vires of the Constitution of India and consequently to set aside the impugned notice No.HYZO;ARB;YNR;03.04.04 dt.4-8-2003 issued by the 2nd respondent under Section 13(2) of the said Act and pass such other order or orders. Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for respondent No.1: Mr A.Rajasekhar Reddy, SC for CG Counsel for the Respondent No.2: MR.S.SURYA PRAKASA RAO 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 July 16, 2004. nmr ASSISTANT REGISTRAR // true copy // SECTION OFFICER To 1 Secretary, UNION OF INDIA, MINISTRY OF FINANCE, NEW DELHI. 2 Zonal Manager & Authorised officer, BANK OF INDIA, HYDERABAD ZONE PTI BUILDINGS (II FLOOR) A.C.GUARDS, HAIRATABAD, HYDERABAD 500 004 3. CC to Mr Surya Prakasa Rao, Advocate 4. CC to Mr P.Girikrishna, Advocate 5 2 CD copies.