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2014 Supreme(AP) 668

A.V.SESHA SAI
Potru Nageswara Rao – Appellant
Versus
Special Cadre Deputy Registrar/Officer on Special Duty – Respondent


Advocates:
Advocate appeared:
For the petitioner: Sri G. Pedda Babu
For the respondents 1 to 3: Sri Nallpati Lakshmi Narayana
For the respondents 4 & 5: Sri G. Rama Sarma
For the respondent No.6: Sri S. Subba Redy

ORDER :

This writ petition is filed under Article 226 of the Constitution of India, seeking a Writ of Certiorari to call for the records relating to O.A.No.17/2006, dated 20.11.2006 on the file of the A.P. Cooperative Tribunal at Vijayawada, and proceedings in E.P.No.1230/01-02 on the file of the 1st respondent and to quash the same including the sale held on 03.05.2005 and the sale confirmation proceedings dated 04.04.2007 of the 1st respondent.

2. Filtering the unnecessary details, the facts, which are required to be exposited for resolving the controversy in the present writ petition, are as under.

(a) One Sri Kanchakacharla Siva Nageswara Rao availed a loan of Rs.4,60,000/- from the 3rd respondent-Bank for his timber business for which petitioner stood as surety. In view of the failure to repay the said loan amount by the said Siva Nageswara Rao, the 3rd respondent-Bank pressed into service the provisions of the A.P. Cooperative Societies Act, 1964 (for brevity the Act) and filed an application under Section 71 (1) of the Act. The 1st respondent issued a certificate dated 28.02.2001 for recovery of the said amount with interest and penalties against the said Siva Nageswara Rao, fa








































































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