HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.24770 of 2010 Date : 5-10-2010 Between : Smt.Y.Bharathi w/o.Soma Sundaram .. Petitioner And The Secretary, Co-operative Appellate Tribunal, Hyderabad and others .. Respondents Counsel for petitioner : Sri Ch. Janardhan Reddy Counsel for respondents : The Court made the following : HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.24770 of 2010 ORDER: This Writ Petition is filed for a mandamus to set-aside order dated 3-9-2010 in I.A.No.260/2010 in C.T.A.No.36/2010 on the file of A.P. Co-operative Tribunal, Hyderabad. The petitioner is a guarantor in respect of loan sanctioned in favour of one Smt.Orusu Annamma, by respondent No.3. An award was passed against the principal borrower and the guarantors including the petitioner, which has become final. In the execution proceedings filed by respondent No.3 for recovery of the debt covered by the award, respondent No.2 has ordered for attachment of the petitioner’s salary. Assailing the said order, the petitioner filed C.T.A.No.36/2010 before respondent No.1. In the said appeal, the petitioner has filed I.A.No.260/2010 seeking stay of order of attachment. The said application having been dismissed, the petitioner filed the present Writ Petition. Sri Ch.Janardhan Reddy, learned counsel for the petitioner, submitted that his client is only one of the two guarantors and that respondent No.3 having left out the principal borrower and one of the guarantors, has unjustly filed E.P. against his client. The learned counsel further submitted that the petitioner has since retired from service and that attachment of the entire sum of Rs.1,64,470/- is too onerous and unjust when her appeal is pending before respondent No.1 – Tribunal. Since the appeal filed by the petitioner is pending before respondent No.1, it is not appropriate to render conclusive findings on the submissions made by the learned counsel for the petitioner. However, the fact remains that the petitioner is a guarantor and that though in law her obligation is co-extensive with that of the principal debtor, in the facts and circumstances of the case, I feel it just and proper that the order of attachment is stayed subject to the petitioner depositing 50% of the E.P. amount of Rs.1,64,470/-, which comes to Rs.82,235/-, to the credit of respondent No.2, within a period of eight weeks from today. The deposit of the said amount shall be subject to the result of C.T.A.No.36/2001 pending on the file of respondent No.1. Subject to the above direction, the Writ Petition is allowed in part. ___________________________ C.V. NAGARJUNA REDDY.,J Date : 5-10-2010 AM