T. Srinivasa Reddy v. Finance & Planning Dept. New Delhi
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Provisions considered
Judgment
Cause title
THE HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.13526 of 2003 Between: T. Srinivasa Reddy S/o. Satyanarayana Reddy R/o. Anaparthy, E.G. Dist. AND ..... PETITIONER
1 The Govt. of India rep by its Secretary Finance & Planning Dept. New Delhi. 2 The Andhra Bank Ltd. Zonal Office, Kakinada E.G. Dist., Rep. by its authorised officer under Act 54 of 2002 .....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 of Mandamus or any other appropriate writ, declaring the action of the respondent in issuing the notice dt. 26-5-2003 issued under section 13(2) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 as arbitrary, illegal and without jurisdiction and direct the respondents to forbear from proceeding with the steps as suggested in said notice and grant such other relief as it deems fit and proper in the circumstances of the Counsel for the Petitioner :
Sri T.V.S.PRABHAKARA RAO Counsel for the Respondent No.1:
Sri A.Rajasekhar Reddy Counsel for the Respondent No.2: Sri A.Krishnam Raju The Court made the following :
ORAL ORDER:
(Per Hon’ble the Chief Justice) In view of the decision rendered by 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 AND OTHERS), 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 cannot be granted. The Writ petition, therefore, is dismissed. ____________________ DEVINDER GUPTA, C.J. ________________________ B.SESHASAYANA REDDY, J 29-03-2005 // TRUE COPY // .... REGISTRAR SECTION OFFICER To 1 The Secretary, Finance & Planning Dept. Govt. of India, New Delhi. 2 The Authorised Officer under Act 54 of 2002, Andhra Bank Ltd. Zonal Office, Kakinada E.G. Dist., 3 2 CD copies Form-NIC-OGS/WP{VVS}
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