IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 1411 of 2001 Between: Mohd. Khaja S/o. Shaik Ahmed R/o.D.No.17-3-638/A/1, Yakutpura, Hyderabad. ..... Petitioner AND 1 The Deputy Registrar/Arbitrator, The Charminar Co-operative Urban Bank Limited, R/o.22-7-387/4, Purani Haveli, Hyderabad. 2. The Charminar Co-operative Urban Bank Ltd., Rep. by its Recovery Manager (SPA) Purani Haveli, Hyderabad. 3. M/s. S.K.Reddy Rice Mills, Prop.S.Raghuma Reddy R/o.H.No.18-9-29/1, Chandrayanagutta, Hyderabad. 4. Mohd. Ismail, S/o.Late M.A.Kareem, R/o. 23-1-365/A, Hussainkothi, Alijahkotta, Hyderabad. [R-4 is impleaded as per Court Order dated 1.3.2004 in WPMP.No. 26835/2003.) .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or direction or a writ particularly one in the nature of the Writ of Certiorari calling for the records pertaining to ARC No.6/99-OSD, dated 11-8-1999 and other consequential proceedings including E.P.No. 13/2000-OSD on the file of respondent No.1 & 2 and quash the same as illegal without jurisdiction/arbitrary, unjust and contrary to A.P. Co-operative Societies Act and consequentially declare that the entire proceedings of the respondent No.1 & 2 passed in ARC No.6/99-OSD dated 11-8-1999 and other consequential proceedings are not valid in the eye of law; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 30-01- 2001 made in WPMP.No.1750 of 2001 and upon hearing the arguments of SRI S.A.RAZAK, Advocate for the Petitioner, Govt. Pleader for Cooperation for the respondent No.2, Sri J.A. Qureshi Advocate for the respondent No.2 and of Sri V. Ravinder Rao Advocate for the respondent No.4, the Court made the following: ORDER: Heard the learned counsel for the petitioner. The basic allegation of the petitioner is that neither before the learned Arbitrator nor in the execution proceedings, he was put to any notice either on the adjudication of the claim or execution thereof. On that ground, the learned counsel for the petitioner has challenged the sale proceedings taken up by the respondents with reference to the property of the petitioner. -2- The official respondents who are represented by the learned Govt. Pleader shall therefore produce the record relating to the arbitration proceedings as well as execution proceedings taken up by the first respondent. Post on Monday. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Deputy Registrar/Arbitrator, The Charminar Co-operative Urban Bank Limited, R/o.22-7-387/4, Purani Haveli, Hyderabad. 2. The Recovery Manager (SPA) Charminar Co-operative Urban Bank Ltd., Purani Haveli, Hyderabad. 3. S.Raghuma Reddy, Prop. M/s. S.K.Reddy Rice Mills, R/o.H.No.18-9-29/1, Chandrayanagutta, Hyderabad. 4. Mohd. Ismail, S/o.Late M.A.Kareem, R/o. 23-1-365/A, Hussainkothi, Alijahkotta, Hyderabad. 5. 2 CCs to the G.P. for Cooperation, High court of A.P.Hyderabad. (O>UT) 6. One C.C.to Sri S.A. Razack, Advocate. (OPUC) 7. one spare copy. HIGH COURT VVA.J DATED 01-12-2008 POST ON MONDAY. ORDER W.P.NO. 1411 OF 2001 DIRECTION Bsr Dt. 1-12-2008 HIGH COURT VVA.J DATED 01-12-2008 POST ON MONDAY. ORDER W.P.NO. 1411 OF 2001 DIRECTION