LAWS(APH)-2007-8-71

ALLA SESHUKUMARI Vs. ALLA RADHAKRISHNA RAO

Decided On August 30, 2007
ALLA SESHUKUMARI Appellant
V/S
ALLA RADHAKRISHNA RAO Respondents

JUDGEMENT

(1.) This Revision Petition is filed by the defendants in Certificate No.46/03/G, dated 31-03-2004 on the file of the Deputy Registrar of Co-operative Societies, Golconda Division, Hyderabad, contending that the Certificate issued under Section 71 (1) of the A.P. Co-operative Societies Act, 1964, (for short 'the Act') to the Applicant Bank, without conducting any enquiry and without service of summons and without giving any opportunity to the petitioners is not valid under law and is liable to be cancelled.

(2.) For recovery of debts, the procedure was prescribed under Section 71 (1) of the Act, which reads as follows:

(3.) It is mentioned in the certificate that the summons were sent to the petitioners by Certificate of posting and as they did not make their appearance, the Certificate has been issued by setting them ex parte.