THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.12946 OF 2003 DATED 23rd JUNE, 2011 Between: T.Kamala Bai, and others. … Petitioners and The Managing Director, Vasavi Co-operative Urban Bank Limited, Malakpet, Hyderabad, and others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.12946 OF 2003 O R D E R The petitioners, having suffered an adverse award under Section 62(4) of the Andhra Pradesh Co-operative Societies Act, 1964 (for brevity, ‘the Act of 1964’), whereby they were required to pay a sum of Rs.21,83,534/- along with interest to the first respondent Co- operative Bank, sought to escape the consequential recovery proceedings in execution by raising a challenge as to the very maintainability of the proceedings under the Act of 1964 on the ground that the first respondent Co-operative Bank ought to have invoked the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. This Court, by order dated 03.07.2003, granted interim stay of further proceedings pursuant to the Award on the condition that the petitioners deposit a sum of Rs.13,00,000/-. The matter stands settled by the decision of the Supreme Court i n GREATER BOMBAY COOP. BANK LTD. V/s. UNITED YARN TEX (P) LTD.[1], wherein the Supreme Court held that Co-operative Banks constituted under the State Co-operative Societies Acts do not come under the purview of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Therefore, the jurisdictional aspect sought to be raised by the petitioners to challenge the proceedings under the Act of 1964 no longer survives for consideration. The Writ Petition is accordingly dismissed. The interim order dated 03.07.2003 shall stand vacated. Miscellaneous petitions filed in the writ petition shall stand dismissed. No order as to costs. -------------------------- SANJAY KUMAR,J 23rd JUNE, 2011 PGS/VGSR [1] (2007) 6 SCC 236