TARAPOREWALLA AGENCIES HYDERABAD Vs. GOVT OF A P

JUDGEMENT

(1.) This common order shall dispose of all the six writ petitions as grounds urged in support of the writ petitions in the light of the provisions of A.P. Co-operative Societies Act, 1964 (hereinafter called 'the act') and in the background of reconstruction scheme for Charminar Co-operative Bank Limited ('bank' for brevity) formulated by Government of Andhra Pradesh (hereafter called 'GoAP') in accordance with Section 115-B of the Act are same. The Respondents, GoAP and Bank, represented by its Administrator filed common counters in all the writ petitions and it would be expedient to deal with factual as well as legal issues together. Be it noted, the cases came to be filed challenging certificates for recovery of loan amount (petitioners call them Award) of different dates issued by fourth respondent and seeking to quash them by writ of certiorari. As the amounts borrowed by various petitioners (proprietary concerns) are different and for different business purposes, a brief reference to the facts of each case would be necessary.

(2.) The petitioner M/s. Taraporewalla Agencies is a proprietary concern. The bank sanctioned demand loan facility for the purpose of petitioner's business after taking necessary security for the loan. The bank faced threat of liquidation due to combination of factors and the Reserve Bank of India (hereafter called 'RBI') imposed restriction on normal banking operations. Though the schedule of repayment was still very much in currency, the bank approached the Joint Registrar of Co-operative Societies/ OSD (fourth respondent) requesting for certificate of recovery of arrears of loan amount in a sum of Rs.2,83,66,471.00(Rupees two crores, eighty three lakhs, sixty six thousand, four hundred and seventy one only) up to 30.6.2002. The Joint Registrar issued notices to the petitioner and two others who are presumably guarantors. Petitioner appeared through a Counsel on 5.5.2003 and sought time for filing counter. The matter was adjourned, but the petitioner and two others remained ex parte. Therefore, the Joint Registrar in exercise of powers under sub-section (1) of Section 71 of the Act, in A.R.C.No.86 of 2003 dated 28.6.2003 ordered that the amount mentioned hereinabove is due as arrears to the bank by the petitioner and two others and directed them to pay the said amount with further interest at 22% per annum compounded quarterly from 1.7.2002 till the date of payment within 15 days from the date of receipt of the Certificate. It was also observed that if the petitioner and others fail to pay the arrears jointly and severally, it would be open to the Respondent Bank to execute Certificate for Recovery under Section 70(2) of the Act and realize the amount by selling mortgaged properties. The petitioner assails the said order in this writ petition.

(3.) The petitioner M/s. Atlas Builders, is a proprietary concern who availed demand loan facility from the Bank in September, 1999 for the purpose of its business. After the RBI imposed restrictions on the banking transactions, the Bank approached the Joint Registrar for Certificate of Recovery. Notices were issued and on 28.4.2003, petitioner appeared through a Counsel and filed a memo to the effect that the petitioner and guarantors are willing to avail One Time Settlement (OTS) scheme extended to the borrowers and requested the Joint Registrar/ Arbitrator under the Act to pass appropriate orders. The Joint Registrar by order dated 30.4.2003 in A.R.C.No. 30118 of 2002 determined the amount as arrears to the bank from the petitioner as Rs.2,21,31,409.00 (Rupees two crores, twenty one lakhs, thirty one thousand, four hundred and nine only) and directed the petitioner and the guarantors to pay the said amount at 22% per annum compounded quarterly from 1.7.2002 till the date of payment within 15 days from the date of receipt of the Certificate. It was also observed that if the petitioner fails to pay the arrears jointly and severally, it would be open to the Respondent Bank to execute Certificate for Recovery under Section 70(2) of the Act and realize the amount by selling mortgaged properties. The petitioner assails the said order in this writ petition.