IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 24945 of 1996 Between: 1 M/S. TUNGABHADRA INDUSTRIES LTD., REP. BY ITS AUTHORISED SIGNATORY HAVING ITS REGISTERED OFFICE AT 108 WALKER TOWN SECUNDERABAD SRI S.K.MOTEKA 2 SHRI. Y.N.SHAH S/O. LATE NAVAL S.SHAH 'RATNAKAR' 26, NARAYAN 'D' ROAD BOMBAY-400 006 3 SHRI SURESH VINAYAK MUZUMDAR S/O. LATE VINAYAK D.MUZUMDAR 'REXANA' 109,MAHARSHI KARVE ROAD, BOMBAY-20 4 SHRI S.M.AMJAD ALI KHAN S/O. S.M.ISMAILKHAN 3-6-361/7, BEHIND LADY HYDRI CLUB BASHEERBAGH LANE, HYDERABAD-500 029 5 SHRI MADANLAL ATTAL S/O. BANSILAL ATTAL GANDHI NAGAR HYDERABAD-500 380 ..... PETITIONERS AND 1 THE REGISTRAR OF COMPANIES DEPARTMENT OF COMPANY AFFAIRS ANDHRA PRADESH HAVING OFFICE AT KENDRIYA SADAN 2ND FLOOR, SULTAN BAZAR KOTI HYDERABAD-195 2 THE HON'BLE COURT OF SPL.JUDGE FOR ECONOMIC OFFENCES, ANDHRA PRADESH HYDERABAD. .....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 TO DECLARE THE NOTICE DT:17.5.96 AND THE C.C.NO.20/1996 ON THE FILE OF THE HON'BLE COURT OF SPECIAL JUDGE KFOR ECONOMIC OFFENCES, A.P., HYDERABAD AS NULL AND VOID BY DECLARING SEC.233 B(6) AND 7 ARE NULL, VOID AND UNCONSTITUTIONAL AND ULTRAVIRES AND BIOLATIVE OF ART.14 OF CONSTITUTION OF INDIA AND STRIKING DOWN THE SAID PROVISIONS, AND PROHIBIT THE PROCEEDINGS IN C.C.NO.20/96 ON THE FILE OF THE HON'BLE COURT OF SPECIAL JUDGE FOR ECONOMIC OFFENCES, HYDERABAD BY ISSUANCE OF A WRIT OF PROHIBITION OR DIRECTION OR DIRECTIONS AND CONSEQUENTLY DECLARE THE ACTION OF THE REGISTRAR IN ISSUING THE SAID SHOW CAUSE NOTICE DT:17.5.96 AND FILLING OF THE COMPLAIAT C.C.NO.20/96 IS ULTRAVIRES OF THE POWERS VESTED IN HIM AND ULTRAVIRES OF SECTION.233 B(6), (7)(11) AND PROHIBIT AND GRANT SUCH OTHER ORDER OR RELIEF. Counsel for the Petitioner:MR.P.NAGESWAR SREE Counsel for the Respondent No.: MR.B.SIVA REDDY The Court made the following : ORDER: (Per The Hon’ble Sri Justice B.Prakash Rao) Though this matter pertains to the year 1996, none appears for the petitioners and there is no representation on their behalf. Hence, the Writ Petition is dismissed for non- prosecution. No costs. -------------------------- (B.Prakash Rao, J) 7th March, 2008 -------------------------- (C.Y.Somayajulu, J) LUR