IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.489 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 18.03.2008 in Writ Petition No.16503 of 2007 on the file of the High Court.) Between: Bojedla Suresh, S/o. Venkatappaiah, R/o. Motamarri, Mandal Bonakal, Khammam District. .....Appellant And 1. The Deputy Registrar, Co-operative Societies, Khmmam, Khammam District. 2. The Lift Irrigation Co-operative Society, R/o. Matamarri Village, Bonakal Mandal, Khammam District. 3. The Co-operative Tribunal, Warangal. 4. The District Cooperative Central Bank Ltd. represented by its Assistant Registrar/Sale Officer, Khammam District. .....Respondents Counsel for the appellant : Sri A. Ramakrishna Counsel for respondent No.1 : Government Pleader for Cooperation Counsel for respondent No.2 : Sri Srinivas Polavarapu The Court passed the following: JUDGMENT: (per Anil R. Dave, C.J.) Being aggrieved by the ad interim order dated 18th March, 2008 passed in WVMP.Nos.2535 of 2007 and 370 of 2008 in WPMP.No.20996 of 2007 in Writ Petition No.16503 of 2007, this appeal has been filed. By virtue of the impugned order, the ad interim order dated 2nd August, 2007 granted in favour of the appellant – original petitioner has been vacated in view of the non-payment of the entire amount of Rs.5,00,000/- by the appellant. During the pendency of the appeal, by an order dated 1st May, 2008, the appellant was directed to pay Rs.2,00,000/-. The said amount has been duly paid by the appellant. Upon perusal of the impugned order, it appears that approximately Rs.10,00,000/- were to be paid by the appellant and the learned Single Judge thought it proper to direct him to pay one half thereof. The appellant was supposed to pay Rs.5,00,000/-, but instead of paying Rs.5,00,000/-, he paid only Rs.1,64,260/-. Adding Rs.2,00,000/- to the said amount, which has been paid during the pendency of the appeal, in all, the appellant has paid Rs.3,64,260/-. The learned Advocate appearing for the appellant has submitted that because of the financial condition of the appellant, it would not be possible for him to make the payment immediately as directed by the learned Single Judge. It has been submitted by him that the amount of interest charged is also excessive and, therefore, he should be asked to pay less amount of interest. We do not think it proper to modify the impugned order, because the writ petition is still pending before the learned Single Judge. Upon considering the submissions made by the learned Advocate for the appellant, we direct that a further sum of Rs.1,36,000/- shall be paid on or before 30th October, 2008. The interim relief, which has been granted on 1st May, 2008, shall continue to remain in force till the disposal of the petition by the learned Single Judge provided an amount of Rs.1,36,000/- is paid by the appellant before 30th October, 2008. In other words, if the amount of Rs.1,36,000/- is not paid before 30th October, 2008, the ex parte ad interim order granted in favour of the appellant on 1st May, 2008 shall automatically stand vacated. Subject to the aforesaid observation, the writ appeal is disposed of with no order as to costs. The writ petition shall be notified for final hearing in the first week of November, 2008. ANIL R. DAVE, C.J. 2nd July, 2008 R.SUBHASH REDDY, J. ….REGISTRAR To 1. The Deputy Registrar, Co-operative Societies, Khmmam, Khammam District. 2. The Secretary, Lift Irrigation Co-operative Society, Matamarri Village, Bonakal Mandal, Khammam District. 3. The Presiding Officer, Co-operative Tribunal, Warangal. 4. The Assistant Registrar/Sale Officer, District Cooperative Central Bank Ltd. Khammam District. 5. Two copies to the Govt. Pleader for Co-operation, High Court Buildings, Hyderabad (OUT). 6. Two C.D. copies. ARS