HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No. 23933 OF 2010 Tuesday, the Fifth Day of October, Two Thousand and Ten Between Persons Incharge Committee, By its Chairman Sri S. Nagendra Prasad, Telegraph Traffic Employees Co-Operative Credit Society Limited, DTO,Kothi, Hyderabad. Petitioner AND The Commissioner and Registrar of Co-Op.Societies, Gruhakalpa, Nampally, Hyderabad and others Respondents JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari) Seeking a direction not to proceed further in FA No. 828 and 829 of 2010 on the file of the third respondent and not to entertain any consumer dispute against the petitioner Committee for the refund of deposit amounts pending finalisation of the criminal proceedings initiated against the Ex-Managing Committee thereof under the provisions of A.P. Protection of Depositors of Financial Establishments Act, 1999, the present writ petition is filed. The petitioner society is formed by the employees of the Telegraph Department and is registered under the provisions of Societies Registration Act. The Secretary of the then Society had misused his powers and collected amounts from the members and non-members, as well, promising higher rate of interest and absconded, cheating the depositors. On the complaint by the victims, criminal case in CC No. 5 of 2010 was registered and pending on the file of the Metropolitan Sessions Judge, Hyderabad. After superceding the previous Committee, the present Person Incharge Committee was appointed by the Government. While so, the non-members approached the respondent No.3 to 6 by filing consumer cases for refund of deposits. The District Consumer Forum, before whom the cases were filed, inspite of specific stand that they have no jurisdiction, have passed orders against the petitioner society for refund of the deposit amount. Aggrieved thereby, the petitioner herein had filed a batch of appeals before the State Commission, the third respondent and the State Commission, while staying the orders passed by the District Forum, directed the petitioner society to deposit 50% of the amount awarded. While so, against the orders passed by the fourth respondent herein dated 30.6.2010, the petitioner Committee filed FA No. 828 and 829 of 2010 before the third respondent and the third respondent had directed the petitioner Committee to deposit half of the awarded amount. Aggrieved by the said directions, the present writ petition is filed. Heard learned counsel for the petitioner and the learned Government Pleaders for Cooperation, Civil Supplied and for Home. Admittedly, the appeals are pending before the State Commission i.e. the third respondent herein. We are not satisfied on the merits of the case in passing any orders directing the respondents not to proceed further in the appeals FA No. 828 and 829 of 2010, pending on the file of third respondent. The petitioner Committee can, as well, approach the third respondent and agitate the issue before it. Having given our considered thought, we do not find any merit in the writ petition. The writ petition fails and is, accordingly, dismissed. No order as to costs. ____________________ Justice T.Meena Kumari ____________________ Justice G.V. Seethapathy October 5, 2010 MAS.