IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 21098 of 2007 Between: 1 Bharatiya Vidya Bhavan Trust, Mumbai, Kulapati K.M. Munshi Marg Mumbai. 2 Bharatiya Vidya Bhavan, Kulapati K.M. Munshi Marg Mumbai. 3 Director, Bharatiya Vidya Bhavan, Hyderabad Kendra, Basheerbagh, Hyderabad.s 4 The Principal, Bharatiya Vidya Bhavan's Public School, Jubilee Hills, Hyderabad. ..... PETITIONER(S) AND 1 The Jubilee Hills Co-operative House Building Society Limite Road No. 1/A, Jubilee Hills, Hyderabad, Rep. byits Treasurer. 2 Arbitrator/Registrar of Cooperative Societies, Andhra Pradesh "Gruhakalpa" Buildings, Nampally, Hyderabad. .....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 to Writ of Certiorari or any other appropriate Writ to call for records of proceedings in CTA No. 6 of 2007 and set aside the order dt. 20-6-2007 as being arbitrary, contrary to law and erroneous, and be pleased to pass such other order or orders Counsel for the Petitioner:MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : Order: This Writ Petition has been filed by the petitioner to call for the records pertaining to CTA.No.6 of 2007 and set aside order dated 20-06-2007 passed therein. It is stated in the affidavit, filed in support of the writ petition, that pursuant to implementation of terms of agreement dated 12-06-1985, the first respondent-Jubilee Hills Cooperative House Building Society Limited raised a dispute in A.R.C.No.8 of 2005 and second respondent- Arbitrator/Registrar of Cooperative Societies passed an award on 13-12-2006, against which the first respondent- Society as well as the writ petitioners-Bharatiya Vidya Bhavan filed appeals in C.T.A.Nos.16 of 2007 and 6 of 2007 respectively on the file of the A.P.Cooperative Tribunal, Hyderabad, and both the appeals were allowed and the matter was remanded while setting aside the order dated 13-12-2006 passed by the second respondent in A.R.C.No.8 of 2005. Aggrieved by the said order, the writ petitioners filed this Writ Petition. The learned Counsel appearing for the first respondent-Society submits that the first respondent, at whose instance arbitration proceedings in A.R.C.No.8 of 2005 have been initiated, is desirous to withdraw the entire proceedings in A.R.C.No.8 of 2005 for which course of action there cannot be any objection to the writ petitioners. The learned Counsel appearing for the writ petitioners also submits that if the first respondent desires to withdraw the arbitration proceedings in A.R.C.No.8 of 2005, they have no objection. Accordingly, the first respondent-Society is permitted to withdraw the proceedings initiated by them in A.R.C.No.8 of 2005. If that be so, the common order of the A.P.Cooperative Tribunal, Hyderabad, in C.T.A.Nos.6 and 16 of 2007 becomes nonest, as the main proceedings in A.R.C.No.8 of 2005 itself is withdrawn. Therefore, nothing survives in the Writ Petition and the same is, accordingly, dismissed as infructuous. However, as the proceedings in A.R.C.No.8 of 2005 have been permitted to be withdrawn, it is for the first respondent-Society to take any appropriate legal steps in accordance with law under the agreement dated 12-06- 1985. No costs. ______________ (V.Eswaraiah, J) 25th February, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Jubilee Hills Co-operative House Building Society Limite Road No. 1/A, Jubilee Hills, Hyderabad, Rep. byits Treasurer. 2 Arbitrator/Registrar of Cooperative Societies, Andhra Pradesh "Gruhakalpa" Buildings, Nampally, Hyderabad. 3.2CCs to the Govt. Pleader for Cooperation 4.2CD copies Form-NIC-OGS/WP{SPJS}