LAKSHMI AGENCIES Vs. ARYAPURAM CO-OP URBAN BANK

JUDGEMENT

(1.) Heard Ms. M. Nikitha, learned counsel appearing for the appellant and Sri T.V.S. Prabhakar Rao, learned Standing Counsel appearing for the 1st respondent-bank.

(2.) The 1st appellant had obtained financial assistance from the 1st respondent-bank. The 2nd appellant and the 3rd appellant, who is the husband of the 1st appellant, had stood as guarantors for the said loan. As the debt was not being paid, the 1st respondent-bank initiated proceedings against appellants 1 and 2. As the husband of the 2ndappellant, had passed away, by then, the son of the 2nd appellant, who is arrayed as the 3rd appellant herein, was also made a party to the recovery proceedings. These proceedings were initiated under the provisions of the A.P. Cooperative Societies Act, 1964 (for short the APCS Act, 1964") resulting in an award being passed against the appellants, under Sec. 62 of the Act. Aggrieved by this award, the appellants had initially filed an appeal before the A.P. Cooperative Tribunal. However, the said appeal was withdrawn and a writ petition came to be filed before this Court. After some time, this writ petition was also withdrawn and a petition under Sec. 34 of the Arbitration and Conciliation Act, 1996, (for short the Arbitration Act") came to be filed before the District Judge, Rajahmundry, for setting aside the award, dtd. 15/6/2015, in A.C.No.19/15- 16. This petition was numbered as A.O.P.No.56 of 2015. The 1st respondent filed I.A.No.2458 of 2015 in A.O.P.No.56 of 2015, challenging the maintainability of A.O.P.No.56 of 2015. The Principal District Judge, Rajahmundry, by order dtd. 20/11/2015, had held that the main petition was not maintainable and allowed the interlocutory application. Consequently, the main petition stood dismissed, by way of a separate order, of the same date.

(3.) Aggrieved by this order of the Principal District Judge, Rajahmundry, the appellants have moved the present civil miscellaneous appeal before this Court.