THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT APPEAL NO.402 OF 2011 DATED: 07-07-2011. BETWEEN: VASAMSETTI VENKATA RAO AND ANOTHER .. APPELLANTS AND THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, RAJAHMUNDRY, E.G.DISTRICT AND OTHERS .. RESPONDENTS THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT APPEAL NO.402 OF 2011 JUDGMENT: ( PER JUSTICE GODA RAGHURAM) The unsuccessful writ petitioners desiring to prolong the litigative trauma of the 2nd respondent-Innespeta Cooperative Urban Bank Limited have filed this appeal against the judgment dated 24.3.2011 dismissing W.P.No.12647 of 2008. The writ petition was filed challenging the order of the A.P.Cooperative Tribunal dated 4.6.2008 rejecting O.A.No.115 of 2006, being an appeal preferred by the petitioners under section 76(1) of the A.P.Cooperative Societies Act, 1964 (1964 Act), against the award passed by the 1st respondent under section 62 of the 1964 Act in favour of the 2nd respondent- Bank. The petitioners obtained loan from the 2nd respondent and defaulted in repayment. Thereupon, the 2nd respondent initially applied for a certificate under section 71 of the 1964 Act before the 1st respondent. The 1st respondent without issuing a notice to the petitioners issued a certificate. Aggrieved thereby, the petitioners filed O.A.No.139 of 2004 before the 3rd respondent-Tribunal, which was allowed by the order dated 5.7.2005 on the singular ground that the certificate was issued by the 1st respondent without issuing a notice to the petitioners/appellants in the O.A. and that thereby the 1st respondent violated the specific provision of Section 71 as well as due process. Thereafter, the 2nd respondent eschewed proceedings under section 71 and raised a dispute under section 61 of 1964 Act which was referred to an arbitrator by the Registrar under section 62. The petitioners/appellants contested the proceedings before the 1st respondent who passed an award in favour of 2nd respondent-Bank. There against, the petitioners preferred an appeal before the 3rd respondent-Tribunal and thereat contended that the bank having invoked the remedy under section 71 of the Act and having suffered a remand by the 3rd respondent-Tribunal in O.A.No.139 of 2004 was estopped from withdrawing from the said process and could not proceed for remedy under section 61 of the Act. This plea was rightly rejected by the Tribunal and there against was the writ petition filed. Learned counsel for the appellants strenuously reiterates the self same contentions as in the writ petition i.e., that the 2nd respondent-Bank having pursued remedy under section 71 of the Act could not eschew the said process and seek remedy under section 61 of the Act. No authority is presented for this proposition. The 1964 Act provides a plurality of remedies to a Cooperative Society or a member of a Cooperative Society. There is a remedy of seeking a certificate under section 71 and a remedy with respect to any disputes between members of a Cooperative Society and the Society or between members interse to be referred to arbitration, under section 61. The 2nd respondent-Bank as the dominus litis is vouchsafed a plurality of litigative choices, by the Act. The respondent-Bank may, therefore, opt for any of the statutorily available litigative choices, either at the threshold before proceeding to litigation or even mid-way through litigation before one forum. The 2nd respondent-Bank therefore, was well within its rights to have eschewed the process of seeking a certificate under section 71 after remand in O.A.No.139 of 2004 and to have chosen to proceed for reference to arbitration under section 61. The above is the conclusion recorded by the learned single Judge which is impeccable and with which we are in respectful agreement. No cause for appellate interference is made out and the appeal is accordingly dismissed at the stage of admission. There shall be no order as to costs. Dt: 07-07-2011. ( G.RAGHURAM, J ) ( P.DURGA PRASAD, J ) TNB THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT APPEAL NO.402 OF 2011 ( Judgment of the Division Bench delivered by Justice G.Raghuram ) DATED: 07-07-2011.