THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.NO.16886 OF 2011 ORDER: ( Per GM,J) This writ petition is filed seeking a Mandamus to declare the order dated 13-4-2011 passed in S.A.No.170 of 2010 on the file of the 3rd respondent-the Debts Recovery Tribunal as arbitrary and illegal. The brief facts of the case are that the 2nd petitioner obtained loan of Rs.67.00 lakhs from the 1st and 2nd respondents Bank. Out of which, an amount of Rs.57.00 lakhs as term loan and Rs.10-00 lakhs as cash credit for stone crushing business, which is on the name of the 1st petitioner. The 3rd and 4th petitioners stood as guarantors and offered their properties towards security for the said loan. Due to disputes with his partners, the 2nd petitioner sustained loss and became defaulter. Therefore, the respondent-Bank issued a notice under Section 13 (2) of the Securitization and Reconstruction of financial Assets and Enforcement of Security Interest Act, 2002 on 25.1.2010. Thereafter, the 2nd petitioner made certain payments and requested the respondent-Bank for one time settlement, but the respondent-Bank postponed the same. While so, on 23-07-2010, the respondent- Bank issued possession notice. Aggrieved by the same, the 2nd petitioner approached the Tribunal by filing an appeal in S.A.No.170 of 2010 and also filed I.A.No.487 of 2010 seeking stay of further proceedings and the Tribunal directed the 2nd petitioner to deposit an amount of Rs.3,00,000/- . The said conditional order was complied with. At the instance of the 1st and 2nd respondents, while extending the interim order on 1-10-2010, the Tribunal passed a conditional order with a direction to deposit 10% of the amount, as such, the 2nd petitioner deposited an amount of Rs.6,76,000/- on 30-10-2010. Thereafter, the respondent-Bank filed a petition in I.A.No.115 of 2011 on 9-3-2011 for advancement of hearing of the appeal from 23-3-2011 to any other nearer date. In the said petition, no notice was given to the 2nd petitioner or his counsel. In the meantime, the said petition has become infructuous as it passed the date 23- 3-2011. But, ignoring the same, the Tribunal has passed an order on 11-4-2011 stating that even though the petition technically becomes infructuous, since both the counsel present, it is considered to advance the matter from 16-6-2011 to 13-4-2011. Thus, the Tribunal passed the order and posted the matter to 13-4-2011 without giving an opportunity of hearing. On 13-4-2011, by the time the counsel reached the Tribunal, the Tribunal passed the order impugned basing upon the representation of the respondent-Bank. Hence, the present writ petition. Leaned counsel appearing on behalf of the petitioners submits that the respondent-Bank has not served the copy of the advancement petition either to the petitioners or their counsel. He further submits that as the petitioners complied with the earlier conditional orders, the Tribunal ought not to have passed the order impugned directing again to deposit an amount of Rs.10,00,000/- without hearing the petitioners. Heard the learned counsel appearing on behalf of the petitioners and perused the material brought on record. There is no dispute with regard to availment of loan by the 2nd petitioner and according to him the default is due to loss sustained in the business. A perusal of the impugned order goes to show that still the petitioners have to pay an amount of Rs.47.00 lakhs. Hence, the Tribunal directed the petitioners to deposit a sum of Rs.10,00,000/- . Therefore, we are not inclined to entertain this writ petition inasmuch as it is for the petitioners to move an application before the concerned Court seeking relaxation of the said condition or for vacating the order under challenge. In the circumstances, the writ petition is misconceived and the same is dismissed. However, the petitioners are at liberty to move an application for appropriate modification or relaxation. The time given by the Tribunal to deposit an amount of Rs.10,00,000/- is extended by one more week. No costs. _________________________ GHULAM MOHAMMED,J _________________ K.G.SHANKAR,J Note: Issue CC tomorrow (B.O) rkk Dated: 20-6-2011