HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 30870 AND 30891 OF 2018

COMMON ORDER :

Since it is submitted that the lis in both the Writ Petitions is one and the same, they are heard clubbed and heard together.

2. Heard learned counsel for petitioner bank Dr.P.B. Vijay Kumar, learned Government Pleader for Cooperation and Sri P. Hari Prasad, learned Standing Counsel for LIC.

WRIT PETITION No. 30870 of 2018

3. This Writ Petition is filed calling in question the order dated 10.01.2018 in C.T.A.No 4 of 2017 on the file of the

5th respondent Cooperative Tribunal.

4. It is stated that petitioner Bank is operating under the provisions of the A.P. Co-operative Societies Act, 1964 (for short, ‘the Act’) and is licensed by Reserve Bank of India. The 2^nd respondent was sanctioned Rs.30,00,000/- under ODNP facility for a period of one year on 16.04.2011 for which Respondents 1 and 3 stood as guarantors. Since the amounts remain unpaid, the bank approached the competent authority for recovery under Sec.71 of the Act and also sought attachment of the second scheduled property which includes 7 items. Accordingly, a certificate under Section 71 (1) was issued /

served on 22.11.2013 against all the respondents under the said proceedings, under acknowledgment and attachment of scheduled properties was effected on 30.10.2014. It is stated that though petitioner bank filed E.P.No. 9 of 2014, one of the guarantors – the 1^st respondent No.1, who is the wife of the borrower, approached the Tribunal and filed CTA 4 of 2017 questioning the said certificate which was allowed, by order dated 10.01.2018 setting aside the certificate dated 22.11.2013 and remanding the matter to the Deputy Registrar of Cooperative Societies to dispose of the same on merits.

The grievance of petitioner is that the Tribunal has not at all considered their contention that appellant before the Tribunal had personally received the demand notice in respect of E.P. 9 of 2014 on 07.08.2014 and it is not known as to how she can contend that she has no knowledge of the Award till 15.12.2017. The Tribunal should have seen that substantial amount of Rs.1,41,56,545/- (Rupees one crore forty one lakhs fifty six thousand five hundred and forty five only) is outstanding as on 31.07.2018 and the matter should not have been protracted again and again by the defaulted parties. According to petitioner, they may not be in a position to recover the amounts due if there is any further delay and the mortgaged properties are hardly sufficient for recovery of the amounts due and there is every likelihood of disposing of the properties attached in execution proceedings.

5. By order dated 29.08.2018, this Court while taking cognizance of the Writ Petition, directed that pending further orders, the following properties belonging to Respondents 1 to 3 are prohibited from alienation:

learned Government Pleader for Co- operation takes notice on behalf of 4th respondent.

The counsel for petitioner(s) shall take out personal notice to respondent nos.1 to 3 by way of Registered Post Acknowledgment Due (R.P.A.D.) and file proof of service into the Registry.

Pending further orders, the following properties belonging to respondent nos.1 to 3 are attached and are prohibited from alienation:

“1. All that land admeasuring to an extent of 370.92 sq.yds. in S.No.302/3 in Plot No.24 situated at Kushaiguda, Kapra Municipality bounded by:

North Plot No.23 South: 40' Wide Road East: Plot No.20 West: Plot No.26.

Regd. Sale deed No.290/92, dt.04.01.1992, executed by A.P. Industrial Infrastructure Corporation Ltd., in favour of M/s.

Go gineni Electronics.

2. P.No.20/E in S.No. 302/3 Block No.11 extent of 90 Sq.

Yds., situate at Electronic Complex, Kushaiguda, Kapra Municipality bounded by: North Part of Plot No.20/A South Plot No.24 East: 12.19 M Wide Road West: Part of Plot NO.20/D Regd. Sale deed No.6383/2000 dt.07.12.2000 executed by M/s. Advanced Telematics Ltd., in favour of M/s. Gogineni Electronics.

3. All that land admea