IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 5232 of 2001 Between: 1 M/s Pioneer Dyeing & Printing Works, Rep. by its Proprietor Smt. Ameena Begum, W/o Late Ghulam Mohammed, R/o 5-3-980, Fasijung Lane, Nizam shahi Road, Hyderabad. ii) 5-2-1010,Nizamshashi Road, Hyderabad. 2 Mohd. Ahmed, S/o Habeeb Mohammed, R/o H.No.6-3-1219/1/2, Uma Nagar Colony, Begumpet, Hyderabad. 3 Habeeb Mohammed, S/o Gulam Mohammed, R/o H.No.6-3-1219/1/2, Uma Nagar Colony, Begumpet, Hyderabad. ..... PETITIONERS AND 1 Dy. Registrar of Co-operative Societies/OSD/Arbitrator, C/o Charminar Co-operative Urban Bank Ltd., 22-7-387/4, Purana Haveli, Hyderabad. 2 The Charminar Co-operative Urban Bank Ltd., Rep. by its Branch Manager, R/o 22-7-387/4 Purana Haveli, Hyderabad. ..... RESPONDENTS 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 pass order or orders or writ more particularly in the nature of Writ or certiorari calling the entire records in A.R.C.no.78/1999-OSD on the file of the Dy. Registrar of Co-operative Societies/OSD/Arbitrator, C/o Charminar Co-operative Urban Bank Ltd., (respondent No.1) and declare the award passed in A.R.C.No.78/1999-OSD, dt 30.5.2000 as arbitrary and violative of fundamental rights guaranteed under Articles 14 and 19(1)(g) and constitutional right under Article 300(A) of Constitution of India and contrary to the provisions of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and quash the award as illegal and void or pass Counsel for the Petitioner: MR.BHASKARA RAO BANDARUPALLI Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following: ORDER: This writ petition has been filed by the petitioners seeking to declare the award in A.R.C.No.78 of 1999-OSD dated 30.05.2000 passed by the first respondent as illegal, arbitrary and violative of fundamental rights guaranteed under Articles 14 and 19 of the Constitution of India. 2) The petitioners alleged to have borrowed Rs.90,00,000/- from the second respondent-bank for the business purpose on 17.09.1998 undertaking to repay the said loan amount in 35 monthly instalments. The petitioners paid only Rs.23,000/- and committed default in payment of the balance amount. The second respondent referred the matter to the Arbitrator who is the first respondent herein and the Arbitrator passed an award directing the petitioners to pay a sum of Rs.1,05,36,069/- as on 30.06.1999 together with interest at 21% per annum with all incidental charges within two weeks from the date of receipt of the order. In case of default of payment, the second respondent-bank is entitled to recover the entire dues jointly and severally from the petitioners personally or from movable or immovable properties or both. 3) Against the order of the first respondent, an appeal lies to the Cooperative Tribunal under Section 76 of the Andhra Pradesh Cooperative Societies Act. However, the petitioners directly approached this Court through this writ petition, which is not warranted. The writ petition, therefore, cannot be maintained. 4 ) Accordingly, the Writ Petition is dismissed as not maintainable. However, the petitioners are at liberty to approach the Co-operative Tribunal by filing an appeal under Section 76 of the Andhra Pradesh Cooperative Societies Act. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 18.02.2008 Isn ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dy. Registrar of Co-operative Societies/OSD/Arbitrator, C/o Charminar Co-operative Urban Bank Ltd., 22-7-387/4, Purana Haveli, Hyderabad. 2 The Branch Manager, The Charminar Co-operative Urban Bank Ltd., R/o 22-7-387/4 Purana Haveli, Hyderabad. 3. 2 CCs to G.P. for Cooperation 4. 2 CD copies