IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1358 of 2008 DATED: 29.1.2008 Between: Bonthu Kamalavathi petitioner And The Deputy Registrar of Coop Societies, Bhimavaram, W G District and ors Respondents THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1358 of 2008 ORAL ORDER: This writ petition is filed to declare the orders passed in M.A. No. 30 of 2007 in O.A. No. 47 of 2007 dated 24.9.2007 directing the petitioner to deposit half of the award amount in Award No. 390 of 2001 dated 20.9.2001 as illegal and arbitrary and for a consequential direction to 4th respondent to dispose of O.A. No. 47 of 2007 expeditiously. The facts in brief are that the petitioner borrowed an amount of Rs.10,00,000/- from the 3rd respondent bank repayable in monthly instalments for a period of 10 years and could not repay the same. Since the loan amount is not paid, the 3rd respondent bank initiated recovery proceedings under A.P. Cooperative Societies Act before the 1st respondent and obtained exparte award under section 62 of the Act. Pursuant to award, the 3rd respondent bank initiated execution proceedings. At that stage, the petitioner approached the A.P. Cooperative Tribunal by filing O.A. No. 47 of 2007. The Tribunal on consideration of the matter, passed interim orders in M.A. No. 30 of 2007 staying further proceedings pursuant to award subject to condition of payment of half of the award amount. Thereafter, the petitioner filed an application before the A.P. Cooperative Tribunal to modify the interim orders dated 24.9.2007 and to direct the 3rd respondent bank to accept cash security instead of cash deposit. The said application is still pending and petitioner contends that the petitioner is not in a position to deposit half of the award amount and the respondent-bank is initiating sale proceedings for recovery of the due amount. Hence, the present writ petition to declare the orders passed in M.A. No. 30 of 2007 in O.A. No. 47 of 2007 as illegal. Learned counsel for petitioner submitted that the petitioner is not in a position to comply with the conditional interim orders passed by the Tribunal and the 3rd respondent bank has issued sale notice proposing to sell the properties of the petitioner on 4.2.2008 and sought for modification of the interim orders directing the 3rd respondent bank to accept the cash security instead of cash deposit. Heard the learned counsel for petitioner and learned Government Pleader for Cooperative Societies. Admittedly, the 4th respondent/Tribunal on consideration of the matter granted interim stay of further proceedings pursuant to award under section 62 of the Act, subject to condition of deposit of half of the award amount and the same cannot be interfered on the ground that the petitioner is not in a position to comply with the conditional orders. However, at this stage, learned counsel for petitioner sought for disposal of the writ petition directing the 4th respondent to expeditiously dispose of O.A No. 47 of 2007. Learned Government Pleader for Cooperative Societies, accepted for the same. Having regard to the agreed stand taken by both the counsel, without going into the merits of the matter, I deem it appropriate to dispose of the writ petition directing the 4th respondent-Tribunal to dispose of O.A No.47 of 2007 expeditiously, preferably within a period of two months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 29.1.2008 TVK THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1358 of 2008 DATED: 29.1.2008