THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION NO.10015 OF 2011 ORDER: {Per the Hon’ble Sri Justice B.Prakash Rao} The petitioner filed this Writ Petition under Article 226 of the Constitution of India, inter alia, seeking a Writ of Mandamus directing respondent Nos.1 to 3 not to take any action against the auction notice dated 18.03.2011 pending disposal of an unnumbered Second Appeal of 2011 in I.R.No.761 of 2011 and interim application in I.R.No.762 of 2011 on the file of the Debts Recovery Tribunal, Visakhapatnam {“the Tribunal” for brevity}. Heard both the sides. At their request, the Writ Petition itself is taken up for disposal at the admission stage. The only grievance is in regard to the fact that there is no Presiding Officer in the Tribunal. In view of the same, even though the petitioner filed Second Appeal along with stay application, no orders have been passed yet. Further, it is also pointed out that though the petitioner is no way concerned with the debt, proceedings are being initiated. Having heard on either side and on perusal of the material available on record and having regard to the fact that the appeal is pending consideration before the Tribunal, we refrain to go into the merits at this stage and it would suffice in the interest of justice to grant stay subject to certain terms. Accordingly, the Writ Petition is disposed of and there shall be interim stay pending the appeal subject to the condition that the petitioner deposits half of the demand amount within a period of three {3} months from today. It is made clear that in case of default, the stay granted stands vacated. Further, the Tribunal shall dispose of the appeal, as expeditiously as possible, on merits and in accordance with law, after giving notice and opportunity to both the sides. No costs. . _________________ (B.PRAKASH RAO, J) ________________ (B.N.RAO NALLA, J) 18th April 2011 Note: Wire at party’s costs. B/O RRB