IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD 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: 4028 of 1998 BETWEEN: 1 Textile Roofings Private Limited Rep. by its Managing Director, S.V. Sudhakara Rao, Mylavaram, Mylavram Mandal, Krishna District. 2 S.V. Sudhakara Rao S/o. S.V.R.G. Narasimha Rao, Mylavaram, Mylavaram Mandal, Krishna District. 3 P. Bhoja Rao Welcome Hotel, Gandhinagar, Vijayawada - 3, Krishna District. 4 Smt. S. Nirupama W/o. S.V.Sudhakara Rao, Mylavaram, Mylavaram Mandal, Krishna District. ... PETITIONERS AND 1 The Union of India Rep. by its Secretary, Ministry of Finance, Central Secretariat, New Delhi. 2 Debts Recovery Tribunal, Andhra Pradesh and Karnataka Krishi Bhavan, Hudson Circle, Bangalore - 560 002. 3 The Industrial Development Bank of India, IDBI Tower, CUFFE Parade, Mumbai - 400 005. ...RESPONDENTS 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 appropriate Writ, Order or direction, preferably a Writ in the nature of Mandamus declaring the Recovery of debts Due to Banks and Financial Institutions Act 1993 (Act 51/93) as ultra vires of the Constitution of India and consequently declare that the Debts Recovery Tribunal at Bangalore has no jurisdiction to entertain the application and proceed with O.A.No.1555/97 and pass such other order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioners: MR.K.RANGA RAO Counsel for the Respondents: MR.N.CHANDRADHAR RAO MR. A. RAJASHEKAR REDDY (ASST. SOLICITOR GENERAL) IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD 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: 4127 of 1998 BETWEEN: 1 M/s. Indo-Dilmun Chem-Pharma Private Ltd., Represented by Managing Director Smt. K.Maduram, having its Regd. office at 8.3.960/8 .A.Srinagar Colony, Hyderabad. 2 Smt. K.Madhuram, W/o. Dr.K.Chiranjeevi, having its Redg.office at 8.3.960/8.A. Srinagar Colony, Hyderabad. 3 K.Narender, S/o. Dr. Chiranjeevi, having its Redg.office at 8.3.960/8.A. Srinagar Colony, Hyderabad. ... PETITIONERS AND 1 The union of India, Ministry of Finance Department of Economic Affairs, Rep. by its Joint Secretary to Government of India, Central Secretariat, New Delhi. 2 The State of Andhra Pradesh, Rep. by its Chief Secretary to Govt., Secretariat, Hyderabad. 3 M/s. State Bank of India, Gummadidalla Branch, Medak District. 4 The Chairman, Debt Recovery Tribunal for States of Karnataka, and Andhra Pradesh, Krishna Bhavan, Bangalore. Nrupathunga Road, Hudson Circle, Banglore. 5 The A.P. State, Financial Corporation , Rep by Manager, having its Regd. Office at 5.9.194, Chirag Ali Lane, Hyderabad.500001. ...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, order or direction preferably one in the nature of Mandamus under Act 226 of the Constitution of India (1) declaring the Act i.e., recovery of debts due to the banks and financial institutions of 1953 (Act 51/93) and Consequential Notification dated 30/11/94 issued by the 1st Respondent i s Arbitrary, illegal and unconstitutional , Ultra-Vires being Violative of Art. 14, 19, 21 and 300 A of the Constitution of India (ii) and set a side the proceedings pending before the Debt Recovery Tribunal for state of Karnataka and Andhra pradesh at Bangalore in respondent of O.A.No. 1044 of 96 and pass such other order or orders. Counsel for the Petitioner:SMT.V.LAKSHMI DEVI Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD 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: 5981 of 1998 BETWEEN: Madala Appa Rao S/o. M. Ramaiah, R/o. B/64, Srinivasa Nagar Colony, Guntur District. ... PETITIONER AND 1 The union of India Rep. by its Finance Secretary, Central Secretariat, New Delhi. 2 M/s. Andhra Bank, Guntur Main Branch, Rep. by its Chief Manager and Principal Officer, Jinnah Tower, Guntur. 3 The Chairman, Debt Recovery Tribunal, Krishi Bhavan, Nrupathunga Road, Bangalore - 560 002. ...RESPONDENTS 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 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 re- numbered as O.A.No.720 of 1996 after declaring the provisions of Act No. 51 of 1993 which is illegal, violative to the principles of natural justice and unconstitutional and it is violative of Articles 14, 19, 21, 300 an 246(3) of the Constitution of India and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.SATYANARAYANA RAO ADIRAJU Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) MRS. P. BALARANI IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD 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: 5983 of 1998 BETWEEN: Talabathula Brahmananda Sarma S/o. Surya Prakash Rao R/o. D.No. 11-24-87, Bhavannarayana Street, Vijayawada. ... PETITIONER AND 1 The Union of India, Rep. by its Finance Secretary, Cental Secretariat, New Delhi. 2 The Senior Manager, Indian Bank, Gandhinagar Branch, Vijayawada. 3 Chairman, Debt Recovery Tribunal, Krishi Bhavan, Nruthpathunga Road, Bangalore - 560 002. ...RESPONDENTS 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 one in the nature of a Writ of Mandamus declaring the Enactment bearing No.51 of 1993- The Recovery of Debts due to Banks and Financial Institutions Act as ultra virus to the Constitution of India and pass such other order or orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.SATYANARAYANA RAO ADIRAJU Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) MR. P.R. PRASAD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD 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: 6479 of 1998 BETWEEN: KMR Telecom Pvt Ltd, Rep. by its Mr. Dinesh Kumar, M.D., a Company regd. under Companies Act having its H.O. at A-12, Electronic Complex, ECIL Post, Hyderabad. ... PETITIONER AND 1 The Union of India, Rep. by its Secretary, Finance Department, Central Secretariat, New Delhi. 2 The State Bank of India, Rep. by the C.M., Saifabad Branch. 3 The Chairman, Debts Recovery Tribunal, Krishi Bhavan, Bangalore. ...RESPONDENTS 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 appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus declaring the constitution of the Tribunal and the procedure to be followed under the Recovery of Debts due to banks and Financial Institutions Act, 1993 as illegal, arbitrary, unreasonable and violative of Articles 14, 19, 21, 246(3) & 300-A of the Constitution of India and consequently declare that the proceedings before the 3rd Respondent in OA.No. 1163/95 are invalid and unenforceable and pass such other and further order or orders which this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner: MR.A.SRINIVASA RAO Counsel for the Respondent: MR.P.VENKATESWAR RAO IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD 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: 14438 of 1998 BETWEEN: 1 G. Ramachandra Rao, S/o. Sri Laxminarayana, Resident of A-12, Electronics Complex, ECIL Post, Hyderabad. 2 C. Sreemannarayana, S/o Sri Padmanabham, Resident of 8-3-970, Srinagar Colony, Hyderabad. ... PETITIONERS AND 1 The Union of India, Rep. by it's Secretary, Department of Finance & Banking, Central Secretariat, New Delhi. 2 The Debt Recovery Tribunal Andhra Pradesh, at Krishi Bhavan, Hudson Circle, Bangalore-560 002. 3 The Debt Recovery Officer, The Debt Recovery Tribunal, Andhra Pradesh at Krishi Bhavan, Hudson Circle, Bangalore - 560 002. ...RESPONDENTS 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 direction more in the nature of a Writ of Mandamus, declaring the provisions of Section 25 (b) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, an illegal, arbitrary and violative of Articles 14, 19, and 21 of the Constitution of India, and violative of the solemn undertakings made by the Union of India under international treaties on human rights and quash the said Section 25(b) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and pass such other orders is deems fit and just in the circumstances of the case. Counsel for the Petitioners: MR.R.RAGHUNANDAN Counsel for the Respondents: MR.K.RAMULU MR. A. RAJASHEKAR REDDY (ASST. SOLICITOR GENERAL) The Court made the following: COMMON ORDER: (per Hon’ble Sri Justice V. Eswaraiah) In all these writ petitions the petitioners question the Constitutional validity of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993). 2. Sri A. Rajashekar Reddy, learned Assistant Solicitor General, submits that Constitutional validity of the aforesaid Act 51 of 1993 has been upheld by the Supreme Court in UNION OF INDIA v. DELHI HIGH COURT BAR ASSOCIATION AND OTHERS [1] . In view of the above, the writ petitions are accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J January 23, 2009 DSK/KSH [1] (2002) 4 SCC 275