IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5561 of 2006 Between: The General Manager, Prakasam District Cooperative Central Bank Ltd., Central Officer: Governor Road, Ongole, Prakasam District. ..... PETITIONER AND 1 A.P.Cooperative Tribunal, Vijayawada Rep by its Secretary, Vijayawada, Krishna District. 2 Cooperative Sub Registrar / Sale Officer, Prakasam District Cooperative Central Bank Ltd. Ongole, Prakasam District. 3 Deputy Registrar/ Officer on Special Duty Prakasam District Cooperative Central Bank Ltd., Ongole, Prakasam District. 4 M/s. Tarakarama Dairy Products, Rep by its Managing Director, Pernamitta, Prakasam District. 5 Chunduri Ravi Babu, S/o.Venkateswarlu, R/o.S.N.Puram, Ongole, Prakasam District. .....RESPONDENT(S) 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 issue a writ, direction or order particularly one in the nature of Certiorari calling for the records relating to the order of the first respondent dt.12-08-2005 and made in O.A.No.137/2002 and quash the same and consequently direct to rehear the same on merits and according to law and pass such other order or orders. Counsel for the Petitioner:MR.R.V.NAGABUSHNAM RAO Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 5561 of 2006 Oral order: The petitioner, namely the Prakasam District Co-operative Central Bank Limited, represented by its General Manager, has filed this writ petition assailing the order dated 12.08.2005, passed by the A.P. Co- operative Tribunal, Vijayawada, allowing the appeal in O.A. No. 137 of 2002 filed by respondent No.5 herein and setting aside the award in Claim No. ARC No. 1/2000-2001, dated 14.10.2002 and giving liberty to the petitioner to approach the appropriate forum for recovery of the debt under appropriate law. The learned counsel for the petitioner submitted that the Tribunal mainly basing on the Full Bench judgment of this Court in M. Babu Rao v. Deputy Registrar of Co-operative Socieites[1], has given the liberty to the petitioner to approach the Debts Recovery Tribunal for recovery of its dues, and now that the said judgment has been reversed by the apex Court in Greater Bombay Co-operative Bank Ltd. V. United Yarn Textiles Pvt. Ltd[2], he submitted that the order impugned in the writ petition has to be set aside and the matter remanded to the Tribunal, for adjudication of the matter afresh. The learned counsel appearing on behalf of the respective respondents did not dispute this fact. In view of the above, the writ petition is allowed. The order impugned in the writ petition is set aside and the matter is remanded to the Tribunal for adjudication of the matter afresh and passing appropriate orders after providing opportunity to respondent No.5. No costs. _______________ N.V. RAMANA, J. Dated: 29th February, 2008. KSR [1] 2005 (4) ALT 327 (FB) [2] 2007 (1) Decisions Today SC 419