THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.21323 OF 2002 DATED 25TH JANUARY, 2011 BETWEEN: The Prudential Co-operative Bank Limited, Rep. by its Managing Director B.Pullaiah. … Petitioner A n d A.P. Co-operative Tribunal, rep. by its Secretary, Chandravihar, Hyderabad. and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.21323 OF 2002 O R D E R The Prudential Co-operative Bank Limited, Secunderabad, filed the present writ petition challenging the Order and Decree dated 05.07.2002 passed by the Co-operative Tribunal, Hyderabad, in O.P.No.900 of 2000 in so far as it granted simple interest at 22% from the date of drawal of loan till the claim and at 12% from the date of claim till realization. The petitioner Bank sought modification of the Order and Decree in this regard by directing payment of interest from the date of drawal till realization at 22% with compounding rests as per the terms of the agreement along with costs. The proceedings sheet reflects that as Respondent 5 in the writ petition was not served, the petitioner Bank was permitted by order dated 23.08.2010 to take out personal notice to the said respondent by Registered Post with Acknowledgment Due. In the event of default, the writ petition stood dismissed against the said respondent without further reference to the Court. The said order was given effect to by the Office on 27.10.2010 as the petitioner Bank failed to effect service of notice upon Respondent 5. Respondent 5 in the writ petition was the fifth respondent in the O.P. Therefore, as the writ petition stands dismissed as against him, the Order and Decree in the O.P. even with regard to the rate of interest attained finality in so far as he is concerned. The petitioner Bank cannot therefore seek adjudication on this aspect as against the other respondents in the O.P. and seek modification of the order and decree only against them. There cannot be two conflicting orders and decrees in the same O.P. as against similarly situated respondents therein. Viewed thus, the writ petition is liable to be dismissed in its entirety. The writ petition is accordingly dismissed. In the circumstances of the case, there shall be no order as to costs. -------------------------- SANJAY KUMAR,J 25th JANUARY, 2011 PGS/VGSR THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.21323 OF 2002 25th JANUARY, 2011