THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.22311 of 2010 ORDER: (Per BPR,J) Heard Sri B.Chandrasen Reddy, the learned counsel appearing on behalf of the petitioner and Sri Ambadipudi Satyanarayana, the learned Standing Counsel who took notice on behalf of the contesting respondent bank, and at their request, the main writ petition itself is being disposed of. The only grievance of the petitioners in this writ petition filed under Article 226 of the Constitution of India is in regard to the inability of the petitioners in obtaining any stay orders pending a substantive appeal filed under Section 17 of SARFAESI Act, 2002 before the Debt Recovery Tribunal, Hyderabad. There is no doubt to the effect that the appeal has been filed and the same is in S.R stage and is still pending. However, they could not press the stay application pending the appeal since there is no presiding officer and it is only the in-charge officer who is taking care and normally sits once in fortnight and next sitting is on 9-9-2010. In view of the same, there is no possibility of obtaining stay and there is every threat of dispossession. Be that as it may, all these aspects and even on merits, it is always left open for the appellate authority to go into the same and decide. However, in view of such situation, the writ petition itself is disposed of directing the Debt Recovery Tribunal, Hyderabad to dispose of the stay application within a period of one month from the date of receipt of a copy of this order, and till the disposal of the said stay application, there shall be stay pending the said appeal. It is needless to mention that the appellate authority is at liberty to pass appropriate orders uninfluenced in any manner by the orders passed by this Court. No costs. __________________ (B.PRAKASH RAO,J) __________________ (B.N.RAO NALL,J) Date: 06th September, 2010 Note: CC tomorrow. grk THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.22311 of 2010 Dated: 6th September, 2010