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2022 Supreme(AP) 329

K.SREENIVASA REDDY
P. V. V. Gangadhar – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ganta Prasad.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The petitioner, a member of a cooperative society, challenged surcharge proceedings initiated against him under the relevant cooperative societies law, claiming the proceedings were beyond jurisdiction and scope (!) (!) .

  2. The petitioner filed an interlocutory application under Order VII Rule 11(d) CPC and Section 151 CPC to drop the surcharge proceedings, which was not initially entertained by the respondent, leading to the present dispute (!) (!) .

  3. The court held that such interlocutory applications under Order VII Rule 11(d) CPC must be disposed of before passing final orders in the surcharge proceedings [judgement_subject].

  4. The court emphasized that the surcharge proceedings are not beyond the scope of the enquiry and are within jurisdiction, countering the petitioner’s argument that proceedings could only be initiated against persons entrusted with management or affairs of the society (!) .

  5. The court observed that the interlocutory application to drop proceedings should be decided prior to the final surcharge order, and the failure to do so violates procedural principles [judgement_subject].

  6. The court dismissed the writ petition, ruling that the interlocutory application must be disposed of before final orders are made in the surcharge proceedings, and that the petitioner could present his defense during the surcharge trial [judgement_subject].

  7. The court also noted that the petitioner’s challenge to the proceedings on jurisdictional grounds was not sustainable, as the proceedings were within the scope of the law and proper jurisdiction was exercised (!) .

  8. All pending interlocutory applications in the writ petition were ordered to be closed, and the petition was dismissed without costs (!) .

Please let me know if you need further analysis or specific legal advice related to this document.


ORDER :

1. This Writ Petition is filed seeking to declare action of 4th respondent in not adjudicating the petition filed by the petitioner on 18.11.2021 under Order VII Rule 11(d) and Section 151 C.P.C. about maintainability and jurisdiction of surcharge proceedings initiated against him under Section 60(1) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short ‘the Act 1964’) in R.C. No. 2636/2020-H/LT (Banana) as illegal and arbitrary and consequently direct 4th respondent to number and dispose of the said petition in accordance with law.

2. The facts, in brief, as set out in the affidavit filed in support of the Writ Petition are as follows:

    Alleging irregularities in the affairs of 8th respondent Bank in sanctioning loans to members of 9th respondent society, 3rd respondent ordered statutory enquiry under Section 51 of the Act, 1964, by appointing 6th respondent as Enquiry Officer to conduct statutory enquiry into the management and affairs of 8th respondent bank. 6th respondent conducted enquiry and submitted a report stating that huge amount of about Rs. 22.00 crores was misappropriated holding that not only employees of 8th respondent bank but also authorities of 9t

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