IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9076 of 2008 Between: The Jammu & Kashmir Bank Limited, Branch office at J.N.Road,Abids, Hyderabad, rep.by its Branch Manager, Head Mr.Khurshid Ahmed S/o.Peer Mohd.Ali ..... PETITIONER AND M/s.Lohiya Vanaspathi Limited, rep.by its Managing Director Radheshyam Lohiya, S/o.Ramaswaroop Lohiya 7-4-96/A, Gagan pahad, Ranga Reddy District .....RESPONDENT 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the non disposal of the SA.No.221 of 2007 pending on th3 file of Debts Recovery Tribunal, Hyderabad as being illegal, arbitrary, and contrary to the SARFAESI Act,2002 and consequently direct the Debts Recovery Tribunal, Hyderabad to dispose of the SA.No.221 of 2007 without any further delay and pass Counsel for the Petitioner: MR.S.NIRANJAN REDDY Counsel for the Respondent No.: . The Court made the following : O R D E R: This writ petition has been filed by the petitioner-Bank seeking a Writ of Mandamus declaring the non-disposal of S.A.No.221 of 2007 pending on the file of Debts Recovery Tribunal, Hyderabad as illegal and arbitrary and consequently direct the Debts Recovery Tribunal, Hyderabad to dispose of the S.A.No.221 of 2007. Despite notice being served on the respondent there is no representation on behalf of the respondent either in person or through a counsel. Heard learned counsel appearing for the petitioner-Bank. The grievance of the petitioner-Bank is that the application seeking vacation of the interim stay granted by the Debt Recovery Tribunal, Hyderabad on the appeal filed by the respondent under section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short Act) challenging the proceedings issued under section 13(4) of the Act is not being taken up despite repeated requests. Indisputably the vacate stay petition filed by the petitioner is pending before the Debt Recovery Tribunal, Hyderabad. I hope and trust the Debt Recovery Tribunal, Hyderabad would not be failing in its duty in taking up the vacate stay petition filed by the petitioner herein. Accordingly, this writ petition is disposed of. No costs. 7th July, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.9076 OF 2008 7.7.2008