HONOURABLE SRI JUSTICE B.PRAKASH RAO AND HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.12521 of 2011 ORDER: (per Honourable Sri Justice B.Prakash Rao) Heard Sri Venkat Raghu Ramulu, learned Counsel for the petitioners, and Sri B.S. Prasad, learned Standing Counsel for the respondent-bank. At their request, the main Writ Petition itself is taken up for disposal at the admission stage. The petitioners, who are defaulters in payment of loan to the respondent-bank, filed this Writ Petition assailing the docket order passed in I.A.No.182 of 2011 in S.A.No.48 of 2011, dated 11.03.2011, on the file of the Debts Recovery Tribunal, Hyderabad. The case of the petitioners is that, having regard to the principles laid down by the Division Bench of this Court in Neel Madhav Mining Pvt. Ltd. V. Authorized Officer, Union Bank of India[1], unless the question which is substantial is decided, the question of proceeding against them, including under the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act'), does not arise. Hence the Writ Petition. Having heard the counsel, and since the main appeal itself is pending on the file of the Debts Recovery Tribunal, We are not inclined to go into merits. It is always left open to the Tribunal to conclude its findings in accordance with law. However, it is pointed out that, the regular Presiding Officer of the Debts Recovery Tribunal, Hyderabad has not been posted and, as such, the mattes are not taken up by the Incharge Officer. It is desirable that the appeal can be disposed of by the regular Presiding Officer or by the Incharge Officer as well. The Writ Petition is, accordingly, disposed of directing the Debts Recovery Tribunal, Hyderabad to dispose of the appeal in S.A.No.48 of 2011 within a period of two months from the date of receipt of a copy of this order. It is made clear that the condition imposed by the Tribunal of depositing Rs.25.00 lakhs shall stand extended for a further period of eight (8) weeks from today. No order as to costs. B.PRAKASH RAO,J B.N.RAO NALLA,J Date:27.04.2011 usd [1] 2005(4)ALD 806