IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 5209 of 2009 Between: Smt. Chitturi Srirama Ratnam W/o. Visweswara Rao, Hindu R/o. 14-8-14, Nagabushanam Street, Hanumanpeta Vijaywada, Krishna District, Andhra Pradesh. ..... PETITIONER AND 1 Hon'ble Debt Recovery Appellate Tribunal Chennai 2 Hon'ble Debt Recovery Tribunal Visakhapatnam 3 Oriental Bank of Commerce a Body Corporate Constituted under the banking Companies (Acquisition & Office at Harsha Bhavan, E Block, Connaught Palace, New Delhi, doing Business in Banking & among other Branchs One of Branch at Governerpeta, Vijayawada, Rep. by its Manager and Principal Officer Sri C.V. Rao 4 MM/s. Chisu Industries No.9, Fourth Floor, Chitturi Complex, 11-40-1 Pulipati Vari Street, Vijayawada, Rep. by its Manging partners 5 Chitturi Sri Ram S/o. Balasubramanyam R/o. 14-8-14, Nagabushanam Street, Hanumanpet, Vijayawada. 6 Chitturi Rajasekhara Srinivasa Rao S/o.P.V.L. Narasimha Rao R/o. First Floor, Chitturi Complex 11-40-1, Pulipati Vari Street, Vijayawada-3 7 Chitturi Ratna Manikyam (Died) W/o. Ramachandra Rao Naga Bhushanam Street, Hanumanpet, Vijayawada-3 8 Chitturi Bala Siva Subrahmanyam S/o. Ramachandra rao R/o. 14-8-14, Naga Bhushanam Street, Hanumanpet, Vijayawada-3 9 Chitturi Ramachandra rao S/o. C.R. Rao R/o. 14-8-14, Naga Bhushanam Street, Hanumanpet, Vijayawada-3 10 Chitturi Vimalavathi W/o. Ramachandra Rao R/o. 14-8-14, Naga Bhushanam Street, Hanumanpet, Vijayawada-3 11 Chitturi Ananda Rama Suddakar S/o. Ramachandra Rao R/o. 14-8-14, Naga Bhushanam Street, Hanumanpet, Vijayawada-3 12 Chitturi Nagendra Kumar S/o. Bala Subramanyam R/o. 8-11-W Main Street, URBANA LL 61801, USA 13 Chitturi VijayMadhav S/o. Bala Subramanyam R/o. 8-11-W Main Street, URBANA LL 61801, USA (Respondents 4 to 13 are Proforma parties in the present W.P.) .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ direction or order more in the nature of writ of Mandamus declaring the inaction of the 1st respondent in not disposing of the appeal filed by the writ petitioner bearing Appeal No. 286 of 2008 as illegal, arbitrary and violative of principles of natural justice and violative of provisions of The Recovery of Debts Due to Banks and Filnancial Institutions Act 1993 and also violative of Article 14 of Constitution of India and consequently direct the 1st respondent to dispose of the appeal No. 286/2008 at the earliest and pass such other order or orders Counsel for the Petitioner: MR.R.RAGHUNANDAN Counsel for the Respondent No.: . The Court made the following : THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO. 5209 OF 2009 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah, J) 1. This writ petition is filed seeking a direction to the first respondent to dispose of Appeal No. 286 of 2008 preferred by the petitioner against the order of 2nd respondent. 2. The case of the petitioner is that 3rd respondent herein filed applications being IA Nos. 668 and 669 of 2008 in OA No. 911 of 2002 before the 2nd respondent seeking leave to file certain documents and also for amendment of OA. The second respondent allowed the said applications by order dated 23.10.2008. Aggrieved by the said order, the petitioner is said to have filed an appeal before the 1st respondent on 21.11.2008 vide Appeal No. 286 of 2008 and the said appeal is still pending. It is also stated that along with the appeal, an application seeking stay of the order of 2nd respondent was also filed. The grievance of the petitioner is that the 1st respondent is not disposing of the appeal as well as the stay application. 3. We have heard counsel for the petitioner and we do not know whether the respondents in the said appeal have been served or not and whether the appeal is ready for hearing or not. Therefore, we are not inclined to interfere in the matter at this stage. However, it is needless to say that the 1st respondent may consider and dispose of the appeal or the stay application, as the case may be, in accordance with law, after giving reasonable opportunity to all concerned parties. 4. The writ petition is accordingly disposed of. However, no order as to costs. _______________________ JUSTICE V. ESWARAIAH ________________________________ JUSTICE VILAS V. AFZULPURKAR Dt.17.3.2009 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}