IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23670 of 2008 Between: Mr. M.Purushotam, S/o. late Satyanarayana, R/o. Qutbhiguda, Hyderabad. ..... PETITIONER AND The Deputy Registrar of Co-opsocieties, Officer on special Duty, Vassavi Co-op Urban Bank Limited Malakpet, Hyderabad. .....RESPONDENT 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 to a direction or an order one in the nature of Writ of Mandamus declaring the action of the respondent in demanding the inﬂated amounts under the impugned order dated 13.10.2008 in EP.NO.643/2001 is illegal contrary to judicial precedents and be pleased to pass Counsel for the Petitioner:MR.J.C.FRANCIS Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23670 of 2008 ORDER: The petitioner raised a loan with the Vasavi Co- operative Urban Bank Limited. On account of the default committed by him, proceedings under the A.P. Co-operative Societies Act (for short ‘the Act’) and the Rules made thereunder were initiated. The amount due from the petitioner was determined way back on 18.01.2000 at Rs.26,772/-. The petitioner did not honour the decree. Therefore, recovery proceedings under Rule 52 of the Rules were initiated. Through an order, dated 13.10.2008, the respondent herein directed attachment of the salary of the petitioner. The petitioner feels aggrieved by the same. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The liability of the petitioner as on 18.01.2000 stood at Rs.26,772/-. In the impugned order, it was pointed out that by 30.09.2008, the petitioner was due a sum of Rs.1,55,274/-. The dispute raised by the petitioner is only as to the rate of interest and method of calculation. This Court cannot undertake such an exercise. The Act provides for an appeal to the A.P. Co-operative Tribunal. The matter can be eﬀectively adjudicated by the Tribunal. The present arrangement viz., attachment of salary of the petitioner at the rate of Rs.2,000/- per month, shall be subject to the interim orders, that may be passed by the Tribunal. Therefore, the writ petition is disposed of, leaving it open to the petitioner to avail the remedy and as and when the appeal is presented, the Tribunal shall take into account the factum of attachment of salary, in the context of granting interim order. There shall be no order as to costs. _________ 31.10.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23670 of 2008 Date: 31.10.2008 JSU