HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. CHANDRAIAH WRIT PETITION NO. 13958 OF 2010 Between: Ponduri Nageswar Rao S/o Murahari Rao and 22 others ..... PETITIONERS AND 1. State Bank of India, represented by its Branch Manager and two others .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition is misconceived inasmuch as the petitioner is challenging the action of the first respondent in ordering to prepare inventory of stock in 2nd respondent-cold storage and for depositing the sale proceeds by selling the entire stock without considering the intent of the petitioners, who are not the parties to the OA, is arbitrary and illegal. The learned counsel appearing for the petitioner vehemently contended that the petitioners are not parties to the Debt Recovery Tribunal and they are neither borrowers nor guarantors. On 26.5.2010 the Debts Recovery Tribunal, Visakhapatnam in I.A.No. 328 of 2010 in O.A.No. 113 of 2010 passed the following order: “Heard the petitioner advocate. Sri V. Chandra Sekhar, Advocate, Visakhapatnam is appointed as Advocate Commissioner to prepare inventory of the stock held by the 1st respondent company, take possession of the same and conduct sale of the said stock and credit the sale proceeds to the credit of O.A account and file report by 2.7.2010. His tentative fee is fixed at Rs. 5,000/-, which is directly paid by applicant bank along with all incidental expenses. Call on 2.7.2010.” When once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not open for this court to determine the rights of the parties. Hence, we are not inclined to exercise our jurisdiction inasmuch a there is no decision rendered by the Tribunal on merits. However, the order passed by the Debts Recovery Tribunal is only confined to the “preparation of inventory of the stock held by the 1st respondent Company, and take possession of the same”. It is directed that the first respondent-Bank shall not conduct sale with regard to the goods of the petitioners, which they will indicate in the implead petition that is going to be filed. The Tribunal is directed to dispose of the implead petition by passing appropriate orders within a period of two weeks. With regard to the sales, the Bank is at liberty to proceed with the sale, except the goods indicated by the implead petitioners, and confirm the sale and pass appropriate orders in accordance with law. With the above observation the Writ Petition is disposed of. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _________________________ G. CHANDRAIAH ,J DATE: 18.06.2010 KA NOTE: Furnish copy in two days ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.