THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.23894 of 2005 Between:
1. P. Ramulu and another PETITIONERS AND
1. The Divisional Cooperative Officer, Golkonda Division, Hyderabad, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, assails the award in ARC No.1154/02/ARB/DR/ARB, dated 22.07.2002 passed by the Deputy Registrar/Arbitrator under Section 62 (4) of the A.P. Cooperative Societies Act, 1964 (hereinafter called ‘the Act’). The Deputy Registrar of Cooperative Societies/Arbitrator passed the said order ordering recovery of Rs.31,740/- jointly and severally with further interest at the rate of 20% per annum from 22.05.2002 till the date of realisation.
2. Heard Sri M.N. Narasimha Reddy, learned counsel for the petitioners and learned Government Pleader for Cooperation for the 1st respondent, apart from perusing the material available on record.
3. Admittedly felt aggrieved by the award passed by the Deputy Registrar of Cooperative Societies under Section 62 (4) of the Act, the present writ petition has been filed.
4. This Court while ordering Rule Nisi on 8.11.2005 granted interim stay on condition of the petitioners depositing a sum of Rs.10,000/- within a period of three weeks. It is submitted by the learned counsel for the petitioners that in terms of the said order granted by this court, the petitioners deposited the amount as directed by this Court.
5. As per the provisions of Section 76 of the Act an order passed under Section 62 (4) of the Act is appealable. Such being the legal position, the petitioner cannot maintain the present writ petition against the order passed by the Deputy Registrar of Cooperative Societies under Section 62(4) of the Act. Since the petitioners have been prosecuting their case before this Court by way of the present writ petition, and in view of the reason that the petitioners deposited a sum of Rs.10,000/- pending the present writ petition in terms of the interim order of this Court, this Court deems it appropriate to permit the petitioners to file the said statutory appeal under Section 76 of the Act.
6. For the aforesaid reasons and having regard to the provisions of the A.P. Cooperative Societies Act, this writ petition is disposed of, permitting the petitioners to file appeal against the award dated 22.07.2002 passed by the Deputy Registrar of Cooperative Societies under Section 76 of the Act, within a period of two months from the date of receipt of a copy of this order. If any such appeal is filed within the time stipulated above, the same shall be considered in accordance with law without reference to the limitation, on merits. It is made clear that in the event of failure to file an appeal within the time stipulated, the authorities shall be at liberty to proceed in accordance with law. It is also made clear that no coercive steps shall be taken for a period of two months from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
2nd July, 2014 Js.