M KRISHNA Vs. ANDHRA PRADESH CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) Petitioners challenge the order, dated 22.11.2004, passed by the A.P. Co-operative Tribunal (for short 'the Tribunal'), the first respondent, in C.T.A. No.61 of 2003. As an alternative prayer, they seek a declaration that Rule 52 of the A.P. Co-operative Societies Rules, 1964 (for short 'the Rules') is ultra vires the provisions of the A.P. Co-operative Societies Act, 1964 (for short 'the Act').

(2.) The facts that gave rise to the filing of this writ petition, in brief, are as under:

(3.) The fourth respondent borrowed a sum of Rs.25,00,000/- from Co-operative Urban Bank Limited, Hyderabad (for short 'the Bank'), the fifth respondent, in the year 1998. There was default in repayment of the same. Therefore, the Bank initiated proceedings for recovery of the amount. An Award dated 6.5.2000 in A.R.C. No.81 of 2000 was passed by the Deputy Registrar of Co-operative Societies, the second respondent, holding that the fourth respondent is liable to pay a sum of Rs.27,24,810/- with interest, that accrued thereon. The fourth respondent filed C.T.A. (SR) No.6370 of 2001 against the Award. The Tribunal granted an order of conditional stay. However, the condition was not complied with and the order of stay became inoperative.