DASARI VENKATA SRINIVASA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) The unnecessary details are shorn off:

(3.) The certificate which was issued under Sec. 71 of the APCS Act was assailed in the present Writ Petition on the sole ground that the 2nd and 3rd respondents have no jurisdiction to entertain the proceedings under Sec. 71(1) of the APCS Act, as the respondents-society is carrying on banking business and they fall under the definition of Sec. 5(cd) of the 1949 Act and the banks and banking companies fall within the meaning of Sec. 2(d) and (e) of the 1993 Act and when the debt more than Rs.10,00,000.00, the respondents have to invoke the jurisdiction of the Debts Recovery Tribunal constituted under the 1993 Act, which have exclusive jurisdiction to entertain and adjudicate upon recovery claims of Co-operative Banks and therefore the power of the Registrar of Co-operative Societies to deal with such claims is only comprehensively excluded and hence prayed to allow the Writ Petition.