IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE NOUSHAD ALI WRIT PETITION NO : 554 of 2010 Between: M/s.Indian Bank, Barkatpura Branch, Hyderabad, Rep. by its Chief Manager & Authorised Officer. ..... PETITIONER AND The Debt Recovery Tribunal, Hyderabad, rep. by its Registrar & 2 Others. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 554 OF 2010 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) By means of filing this writ petition under Article 226 of Constitution of India, the petitioner-Bank assails the validity of the ex parte interim order passed by the Debt Recovery Tribunal, Hyderabad- 1st respondent herein in I.A.No.1390 of 2009 in S.A.No.346 of 2009, dated 9.12.2009 whereby the Tribunal stayed the auction of the secured property proposed to be held on 9.12.2009. Inasmuch as the impugned order is only an ex parte order, petitioner-Bank is always at liberty to move the 1st respondent-Tribunal for vacating the said ex parte order. Therefore, we are not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. It is needless to observe that on petitioner-Bank filing appropriate application for vacating the interim order, the Tribunal is under obligation to dispose of the same expeditiously by passing appropriate orders therein. No order as to costs. _________________ (A. GOPAL REDDY, J.) _________________ (NOUSHAD ALI, J.) JANUARY 20, 2010 TSR