IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 794 of 2009 Between: Shaik Kalisha S/o. Shaik Abdul Khadri D.No.38-30-119/1, Sainagar, Marripalem, Visakhaptnam. ..... PETITIONER AND 1 The Siddardha Mutually Aided Cooperative Society Ltd., (In Corporated under MACS Act, 1995) rep. by its Chairman Sri G.S.R.Moorthy, S/o. Late G.S.Naidu R/o. Arilova, Visakhapatnam-40. 2 A. Ramesh S/o. Venkata Rao R/o. D.No.58-20-32, Buchireddipalem, NDA Kotha Road, ‘ Visakhapatnam. 3 K. Malleswara Rao S/o. K. Suryanarayana Sambana Street, Tekkali, Srikakulam District. 4 The Chairman, A.P. Cooperative Tribunal, Visakhapatnam. .....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 a writ, order or direction particularly one in the nature of Writ of Certiorari call for the entire records in I.A.No.145/2008 in O.P.No.199/2005, dt. 27.11.2008 passed by the 4th respondent permitting the 1st respondent to exhibit forged and fabricated documents to substantiate its false claim and quash the same. Counsel for the Petitioner: MR.K.A.NARASIMHAM Counsel for the Respondents: GP FOR COOPERATION The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 794 of 2009 Order: This writ petition is filed to quash the order, dated 27.11.2008, passed by the A.P. Cooperative Tribunal, Visakhapatnam in I.A.No. 145 of 2008 in O.P.No. 199 of 2005, whereby and whereunder, the application filed by the first respondent-Society to receive certain documents was allowed. The first respondent, the Siddardha Mutually Aided Cooperative Society Limited, Visakhapatnam filed O.P.No.199 of 2005 on the file of the A.P. Cooperative Tribunal, Visakhapatnam against the petitioner and respondent Nos.2 and 3 for recovery of an amount of Rs.1,27,797/- with subsequent interest on the ground that they were indebted to the Society. The petitioner filed his counter to the O.P., denying his liability. While so, the first respondent filed the present I.A., under Order VII rule 14(3) r/w 151 of CPC to receive certain documents, such as documents of loan application, demand promissory note, etc., as it could not file them into the Court at the time of institution of the O.P., as they were misplaced and could not be traced out. The petitioner raised objections for receiving the documents. The Tribunal, after hearing the learned counsel on either side and considering the facts and circumstances of the case, allowed the I.A., through the impugned order, dated 27.11.2008. The learned counsel for the petitioner submitted that the documents sought to be received are not genuine since they were not filed at the time of filing the O.P. Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation. Through the impugned order, the Tribunal allowed the I.A. seeking to receive certain documents. If the petitioner suspects the genuineness or otherwise of the documents sought to be received, he can as well raise objections, at the time of hearing the O.P., and the same can be gone into by the Tribunal while deciding the O.P. This Court discerns no infirmity in the impugned order warranting interference of this Court, at this stage. The writ petition is accordingly dismissed, at the admission stage. No costs. ___________________ N.V. RAMANA, J. Date:17.06.2009 VGB