IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16423 of 2005 Between: B. Muniraju S/o. B. Munitathnam R/o. Balaji Colony Chittoor. ..... PETITIONER AND 1 The Co-operative Sub-Registrar/Executive Officer C/o. Chittoor Coop. Town Bank Ltd., Chittoor. 2 The Chittoor Coop.Town Bank Ltd., Rep.by its Special Officer Chittoor. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ,order or direction more particularly one in the nature of writ of mandamus, by declaring the action of the 1st respondent herein in issuing the Certificate No.144/2000-01, dt.05-07-2001 and Execution petition No.97/2002-03 as void, illegal, improper and arbitrary pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:M R.M.VENKAT DIVAKAR Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following ORDER This writ petition is filed seeking a declaration that the Certificate No.144/2000-2001, dated 5.7.2001 issued by the 1st respondent under Section 71 (1) of the Andhra Pradesh Cooperative Societies Act, 1964( for short ‘the Act’) for recovery of the amounts due from the petitioner as arbitrary and illegal. This Court while directing Rule Nisi, by order dated 29.07.2005 granted interim stay of all further proceedings in EP No.97/2002-03 having regard to the law laid down by this Court that the Tribunal constituted under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short, ‘the Act’) alone has jurisdiction to deal with the debts due to the Co-operative Banks . However, the said view was not accepted by the Supreme Court and in GREATER BOMBAY CO.OP. BANK LTD. v. UNITED YARN TEX (P) LTD.[1] it was held that the Co-operative Banks established under the A.P. Co-operative Societies Act, 1964 do not fall within the meaning of Banking Company as defined in Section 5 (c) of the Banking Regulation Act, 1949 and therefore the provisions of the Act are not applicable to the recovery of dues by the Co-operative Banks. In view of the above said decision of the Supreme Court, the contention of the petitioner that the impugned certificate issued by the first respondent is without jurisdiction, cannot be accepted. So far as merits are concerned, as against the impugned certificate issued under Section 71 (1) of the Act, an efficacious remedy of appeal is available to the petitioner before the Andhra Pradesh Co-operative Tribunal under Section 76 of the Act. Learned counsel for the second respondent-Bank pointed out that as a matter of fact the petitioner has already filed such an appeal against the impugned certificate before the Andhra Pradesh Cooperative Tribunal, Hyderabad and the same was dismissed on 11.12.2006. The said fact has not been disputed by the learned counsel for the petitioner. In the circumstances, the writ petition is liable to be dismissed and the same is accordingly dismissed. No costs. ___________ 05-12-2008 rkk [1] (2007) 6 SCC 236