THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.4299 OF 2011 ORDER: {Per the Hon’ble Sri Justice B.Prakash Rao} Heard Sri D.Prakash Reddy, learned Senior Counsel appearing for the petitioner and Sri P.Sri Harsha Reddy, learned Standing Counsel appearing on behalf of the first respondent. At their request, the Writ Petition itself is taken up for disposal. This Writ Petition is filed under Article 226 of the Constitution of India, inter alia, seeking a Writ of Mandamus to declare the orders dated 22.10.2010 and 10.02.2011 passed by the Debts Recovery Appellate Tribunal, Chennai, in M.A. (S.A) 603 of 2010, as arbitrary and illegal. The fact remains that initially, an interim order was granted in S.A.No.193 of 2010 by the Debts Recovery Tribunal at Visakhapatnam, and the said order was stayed in M.A. (S.A) 603 of 2010 on the file of Debts Recovery Appellate Tribunal, Chennai, without giving any notice to the petitioner. Even though an application was filed to vacate the stay, the same has not been taken up and the said stay has been extended. In view of such chequered events, which apparently show that the substantial proceedings are pending before the Debt Recovery Tribunal, Visakhapatnam, unfortunately, both the parties are fighting only against the interlocutory orders, for which absolutely there is no justification. We are of the view that instead of deciding the said appeal, it would suffice in the interest of justice to direct the Debt Recovery Tribunal at Visakhapatnam, to dispose of S.A.No.193 of 2010 on merits. The Writ Petition is disposed of directing the Debt Recovery Tribunal at Visakhapatnam to dispose of S.A.No.193 of 2010 on merits in accordance with law within a period of three {3} months from the date of receipt of a copy of this order. We also make it clear that it is unnecessary to consider the appeal filed against the interlocutory proceedings, as the same became infructuous. No costs. _________________ (B.PRAKASH RAO, J) ________________ (V.ESWARAIAH, J) 18th May 2011 RRB/VA