THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K. G. SHANKAR WRIT PETITION No.7097 of 2011 State Bank of Hyderabad v. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K. G. SHANKAR WRIT PETITION No.7097 of 2011 Oral Order : ( Per Sri GM, J ) The respondent no.2 herein is the guarantor along with others for the loan obtained by M/s. Neelagiri Enterprises. The borrowers as well guarantors have failed to repay the amount the account of M/s. Neelagiri Enterprises was classified as Non-Performing Asset and to recover the said loan amount, the petitioner-Bank issued notice under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 ( herein after called as ‘the Act’), demanding the borrowers as well as guarantors including the respondents no.2 herein to pay the amount. It is represented that the respondent no.2 approached the Debts Recovery Tribunal, Hyderabad questioning the measures taken by the petitioner-Bank under section 13(4) of the Act and sought for stay of further proceedings and that the stay petition was dismissed. Challenging the order dismissing the stay application the respondent no.2 filed appeal before the 1st respondent- Debts Recovery appellate Tribunal. The present writ petition has been filed by the Bank challenging the docket order dated 1-2-2011 passed by the 1st respondent-appellate Tribunal in MA (SA) No.53 of 2011. According to the petitioner-bank, the appellate Tribunal without following the procedure under section 18 of the Act has granted stay of all further proceedings. As per the provisions of the Section 18 of the Act any person aggrieved by an order made by the Debts Recovery Tribunal may prefer an appeal to the appellate authority and that the appellate has to make the statutory deposit nor the Tribunal has to waive amount as per the law. Since the Tribunal without adverting to the provisions of section 18 of the Act has passed the impugned interim orders, on this short ground itself the impugned order is set aside and the matter is remitted back to the Tribunal for passing appropriate orders as per law expeditiously. The Writ Petition is accordingly allowed. No costs. ________________________ GHULAM MOHAMMED, J. _________________ K.G. SHANKAR, J 20-6-2011/KK THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE K. G. SHANKAR WRIT PETITION No.7097 of 2011 20-6-2011