THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22743 of 2011 Date: 11.08.2011 Between: Gorle Kiran and others. … Petitioners and The Deputy Registrar, Officer on Special Duty, Cooperative Department, District Cooperative Central Bank Ltd., Visakhapatnam, Visakhapatnam District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22743 of 2011 ORDER : Heard Sri K.A. Narasimham, learned counsel appearing for the petitioners, as well as the learned Government Pleader for Cooperation appearing for respondent No.1, and Sri M.S. Ramachander Rao, learned Standing Counsel for respondent Nos.3 and 4, and with their consent the writ petition is being disposed of at the admission stage. 2. In this writ petition, the petitioners have challenged the notices in Case Nos.9378/10-11, 9379/10-11, 9377/10-11, dated 22.6.2011 issued by the 4th respondent-Senior Inspector/Sales Officer, District Cooperative Central Bank Limited, Visakhapatnam, whereunder the petitioners have been provided an opportunity to submit their objections, if any, by appearing on 27.7.2011 in relation to the claim of the 3rd respondent-Branch Manager, District Cooperative Central Bank Limited, K. Kotapadu, Visakhapatnam District, for recovery of the loan amounts. 3. The petitioners availed loans from the District Cooperative Central Bank Limited, K. Kotapadu, Visakhapatnam District, and defaulted in repayment. The petitioners state that they could not repay the loan amounts on account of the adverse business conditions in running the poultry farm for which the loan was availed. It is their case that they have repaid substantial amounts and even though they are willing to repay the balance amount, the bank has not furnished the details of their account determining the liability. Therefore, they got issued a legal notice dated 10.6.2011 categorically stating that they are ready and willing to pay the loan amount, if it is calculated on correct lines and charged with simple interest within a reasonable time. The petitioners contend that if they approach the bank, it is the duty of the bank to furnish the details of accounts to enable them either to repay the loan amount or contest the claim. Since the bank has not taken any steps to furnish the details of their accounts and, in the meanwhile, as the impugned notices dated 22.6.2011 have been issued, the petitioners have filed the present writ petition. 4. Indisputably, the petitioners have approached this Court challenging the notices dated 22.6.2011 issued under Section 71 (1) of the A.P. Cooperative Societies Act, 1964 (for brevity “the Act”). As per the said provision, the Registrar may, on an application made by the financing bank for recovery of arrears payable to it, conduct an enquiry on furnishing the statements of account in respect of the arrears after due notice. It is in compliance with the said provision, the 4th respondent has issued the impugned notices. It is well settled that wherever notices are issued for enquiry by a competent authority, this Court does not interdict the enquiry proceedings. 5. As mentioned earlier, the only grievance of the petitioners, as projected through the pleadings and the legal notice dated 10.6.2011, is that they were not able to clear the loan amounts due to the adverse conditions in the poultry business and that the amounts claimed for recovery do not reflect the actual amount payable by them. It is, therefore, submitted that unless the details of their accounts are furnished, the petitioners are not in a position to present their case pursuant to the proceedings initiated under Section 71 (1) of the Act. 6. Learned Standing Counsel for the respondent-bank submits that if the petitioners approach, the 2nd respondent- Society has no objection to furnish the details of accounts. 7. Having regard to the aforesaid grievance of the petitioners and in view of the submissions made on their behalf, this writ petition is disposed of permitting the petitioners to make an application to the 2nd respondent-Primary Agricultural Cooperative Society, K. Kotapadu, Visakhapatnam District, seeking details of their loan accounts within a period of one week from the date of receipt of a copy of this order and on receipt of such application, the Chief Executive Officer of the said Society shall furnish the accounts of the petitioners within a period of one week thereafter. The petitioners are also entitled to participate in the proceedings before the 4th respondent and urge all the grounds that are available to them, both on facts and law. The 4th respondent shall take into consideration the objections so raised dispassionately, and pass appropriate orders in accordance with law, provided no orders have been passed so far. In the meanwhile, till orders are passed, no coercive steps shall be taken against the petitioners for recovery of the loan amounts pursuant to the impugned notices. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 11.08.2011. NOTE: Issue C.C. in three days. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22743 of 2011 11.08.2011 (Msr)