THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.7623 of 2008 Date : 16-9-2009 Between : The A.P. State Co-operative Bank Ltd., Rep. by its General Manager .. Petitioner And A.P. Cooperative Tribunal, Visakhapatnam, Rep. by its Chairman and four others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.7623 of 2008 ORDER: 1. Heard Sri A.H. Rama Krishna Rao, the learned Counsel representing the petitioner and Sri Paravastu Krishna, the learned Counsel representing the 2nd respondent and Sri O.Manohar Reddy, the learned Counsel representing 5th respondent. 2. The Writ Petition is filed for a Writ of Certiorari to call for the records relating to M.P.No.10 of 2006 in O.A.No.49 of 2006 dated 23-8-2007 on the file of A.P. Cooperative Tribunal, Visakhapatnam – 1st respondent and to set aside the same being invalid and without jurisdiction and for a consequential direction to the 1st respondent to dismiss the O.A.No.49/2006 as without jurisdiction and to pass such other suitable orders. 3. Several facts had been narrated in dl in the affidavit filed in support of the Writ Petition. 4. This Court is not inclined to go into several contentions which had been advanced by the Counsel on record. It is suffice to state that the operative portion of the order reads as hereunder:- “Upon hearing the arguments of the learned counsels for both sides, and after perusal of the records placed before the Tribunal, this Tribunal finds that the explanation submitted by the petitioner is satisfactory and convincing. In fact, the 2nd respondent-Bank also did not take action to execute the Execution Petition for recovery of the loan amount, in view of the fact that the matter was pending before the Honourable High Court of Andhra Pradesh and Honourable Supreme Court of India from the year 2000 to year 2005 for a period of 6 years. Thus the petitioner has got sufficient cause in preferring the Appeal in April, 2006. In view of the circumstances explained above, the delay of 2282 days in filing the Appeal is condoned and the petition is allowed. No costs”. 5. When inordinate delay of 2282 days in filing the appeal may have to be considered, without recording reasons after recording the respective contentions, disposing of such an application in such a manner, in the considered opinion of this Court, cannot be sustained. It is no doubt true that when the discretion is exercised by the Tribunal below, especially while condoning the delay, normally this Court will not interfere. But here is a case where there is inordinate delay of 2282 days in filing the appeal and without recording reasons allowing the application, definitely is not in accordance with Law. Hence, the impugned order is set aside. But however, in the light of the facts and circumstances, the matter is remitted to A.P. Cooperative Tribunal, Visakhapatnam to give opportunity to all the parties concerned, to let in further evidence in this regard and decide the matter afresh in accordance with Law. It is stated that there is urgency in the matter. Let the A.P. Cooperative Tribunal decide the matter afresh in accordance with Law within a period of four weeks from the date of receipt of this order without giving any further adjournments. 6. The Writ Petition is accordingly allowed to the extent indicated above. No costs. _____________________ Justice P.S. Narayana Date : 16-9-2009 AM