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2014 Supreme(AP) 1477

RAMESH RANGANATHAN, M.SATYANARAYANA MURTHY
Prudential Cooperative Bank Ltd. – Appellant
Versus
A. P. Cooperative Tribunal – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Anand Kumar Kapoor
For Respondents/Defendant:Learned Advocate General and The Learned Additional Advocate General

Order

Ramesh Ranganathan, J.

1. By his order dated 29.10.2012 the Learned Single Judge, before whom W.P. Nos. 31138 of 2012 and 31974 of 2012 were listed, observed that the earlier judgment, in S. Varalakshmi v. District Co-operative Office, Hyderabad, 2003 (6) ALD 516, required reconsideration by a Division Bench for rendering an authoritative pronouncement on the aspect whether Section 36 of the A.P. Mutually Aided Co-operative Societies Act, 1995 (for short the 1995 Act) intended to extend the application of the provision of an appeal, under Section 76 of the A.P. Co-operative Societies Act, 1964 (for short the 1964 Act), to an order passed in execution proceedings under Section 36 of the 1995 Act. The Learned Single Judge was also of the opinion that the issue, whether Rule 52 of the Andhra Pradesh Cooperative Societies Rules, 1964 (for short the 1964 Rules), which was made in the exercise of the powers of delegated legislation conferred on the State Government under Section 130 of the 1964 Act and was not incorporated by reference by any of the provisions of the 1995 Act, could be invoked for execution of the awards passed under the 1995 Act, also required consideration by the D




































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