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 : 11007 of 2003 Between: 1 M/s T.G.Electrical Engineering Company Electrical Trading, Rep. by its Proprietor Mr.Jessy Thomas Flat No.4, Ist Floor, GBS Commercial Enclave, Besides SBI, Tirumalgerry Branch, Secunderabad. 2 Thomas George S/o K.George Plot No.50, G.V.Reddy Colony, Alwal, Secunderabad. 3 Smt. Jessy Thomas., W/o Mr.Thomas George Plot No.50, G.V.Reddy Colony, Alwal, Secunderabad. 4 Mohd.Yousaf S/o Mohd.Khaza C/o Supreme Xerox Communications Service, Shop No.4-4., Side Road, Minerva Complex, Secunderabad. ..... PETITIONER(S) AND 1 Union of India., Ministry of Law Rep. by its Secretary, Shastri Bhavan, New Delhi. 2 Corporation Bank, Rep. by its Branch Manager, S.P.Road Branch, Sardar Patel Road, Secunderabad. .....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 Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, more particularly Section 13 (2) 13 (4) as invalid and violative of the rights of the petitioner guaranteed under the Constitution of India and consequently declare the notice dated 9-4-2003 issued by the second respondent under Section 13 (2) of the Act as arbitrary, violative of Principles of Natural Justice and Article 14 and 300A of Constitution of India and pass such other order. Counsel for the Petitioner: MR.S.NIRANJAN REDDY 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. 11007 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{SRAVAN}