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2010 Supreme(AP) 1050

G.ROHINI
V. Shravan Kumar – Appellant
Versus
Lt. Col. S. B. Sharma – Respondent


Advocates appeared:
Counsel for the petitioner: Sri Kowturu Vinaya Kumar
Counsel for the respondent No.1: Ms. Shireen Sethna Baria
Counsel for the respondent Nos.2 & 3: --
Counsel for the respondent No.4: Govt. Pleader for Co-operation

ORDER:

This writ petition is filed seeking a Certiorari to call for the records

relating to the order dated 26.11.2007 in CTA.No.161 of 2004 on the file of the A.P. Co-operative Tribunal, Hyderabad and to quash the same being arbitrary and illegal.

2. The facts, in brief, are as under:

The 1st respondent herein is a member of the Army Co-operative Housing Society Limited (hereinafter referred to as 'the 2nd respondent society'). The 1st respondent, who was allotted Flat No.73 in Sector-A, AWHO Colony, Secunderabad, by the 2nd respondent society, entered into an Agreement dated 12.10.1997 to sell the said flat to the petitioner. The petitioner claims that substantial amounts were paid to the 1st respondent towards sale consideration. However as the 1st respondent did not come forward to complete the sale transaction, the petitioner raised a dispute before the 4th respondent – The Arbitrator/Divisional Co-operative Officer. By Award dated 19.5.2004 the 4th respondent directed the petitioner to pay the balance sale consideration of Rs.6,50,000/- together with interest at 8% within 15 days and thereupon the 1st respondent shall transfer Flat No.73 in favour of the petitioner by executing








































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