IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8488 of 2008 Between: Bonthu Kamalavathi W/o.Narayana Murthy R/o.Door No.25-5-27, Opp:DNR College, Bhimavaram, W.G.District ..... PETITIONER AND 1 The Co-Operative Sub Registrar/Sale officer, Bhimavaram,. Co-op.Urban Bank Group, Head Quarters at Narsapur, W.G.District 2 The Bhimavaram Co-op. Urban Bank, rep. by its Secretary, Near Taluk office, Bhimavaram, W.G.District 3 The AP Co-operative Tribunal, Vijayawada, Krishna District, rep.by its Registrar .....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 issue order or direction more particularly one in the nature of writ of Mandamus declaring the orders passed in OA.No.47 of 2007 dated 19.3.2008 on the file of 3rd respondent as illegal, arbitrary, and contrary to the provisions of AP Co-operative Societies Act, 1964 and Rules there under and consequentially set aside the direction given by the 3rd respondent to deposit 50% of the loan amount on or before 21.4.2008 and to pass such other necessary orders. Counsel for the Petitioner: MR.P.R.K.AMERANDRA KUMAR Counsel for the Respondents: GP FOR COOPERATION The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 8488 of 2008 ORDER: According to the petitioner, he borrowed an amount of Rs.10,00,000/- from the second respondent Bank repayable in equal monthly instalments for a period of 10 years. As the said amount was not paid, the second respondent initiated recovery proceedings under Sec.61 of the A.P. Co.operative Societies Act, 1964 (for short ‘the Act’) and thereafter the first respondent passed an award under Sec. 62 of the Act. Pursuant to the award, when execution proceedings were initiated, the petitioner approached the Co.operative Tribunal and filed an appeal in O.A.No.47 of 2007. The Tribunal having considered the case of the petitioner, remanded the matter to the original authority, who passed the award, but, however, directed the petitioner to deposit 50% of the loan amount on or before 21-04-2008. Questioning the said order dated 19- 03-2008, the petitioner approached this court and filed the present writ petition. 2. Heard the learned counsel for the petitioner Sri P.R.K.Amarendra Kumar and learned Government Pleader for Cooperation. 3. The factum of petitioner obtaining loan from second respondent bank is not in dispute. When once amount is borrowed by the petitioner with an undertaking to pay the same by way of monthly instalments for a period of ten years, he is duty bound to repay the said loan within the time frame and when he fails to do so, it is always open for the authorities to initiate proceedings under Sec.61 of the Act. The only contention of the learned counsel for the petitioner is that the Co.operative Tribunal having been convinced that the proceedings under Sec.61 of the Act and the consequential award are not correct, it ought not have directed the petitioner to deposit 50% of the loan amount. 4. I am not in agreement with the said submission. When the loan amount is admitted and the same was borrowed as early as in the year 2001, by now, the petitioner should have paid more than 50% as we are in 2008. Hence I see no illegality in the said order. 5. Accordingly, the writ petition is dismissed at the stage of admission. No order as to costs. However, the Cooperative Sub- Registrar to whom the matter is remanded is hereby directed to dispose of the same on or before 31-05-2008 as directed by the cooperative tribunal. As the time granted by the Tribunal for deposit of the said amount is 21-04-2008 and it is coming to an end, the petitioner is granted a further time of two weeks for compliance. No order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J Dt: 18-04-2008 Note: Issue C.C. by tomorrow. B/O Rns. To 1. The Co-Operative Sub Registrar/Sale officer, Bhimavaram,. Co-op.Urban Bank Group, Head Quarters at Narsapur, W.G.District 2. The Secretary, Bhimavaram Co-op. Urban Bank, Near Taluk office, Bhimavaram, W.G.District 3. The Registrar, AP Co-operative Tribunal, Vijayawada, Krishna District. 4. Two CCs. 5. Two CD copies.