High Court · 2025

proceedings i.e E.l'].No.1212023 on the fire of Deputy Registrar of co-operative Societies, Golconda pending disposal of the main Writ petition. lA NO: 2 OF 2024 Between: Viswa Bharathi t\,4utually Aided .Co^Operative Credit Society Ltd, Rep bv its rr-- b o 6 s ii' i s"h';'"R ; ;i N; i'i ; ii" k i ;i; fiil"J,H"T li-l I: "!ilg #"0? o" ...PETITIONERS ./ears, Smt. Ami Arnit Dedhia. W/o Amit-Venilal Dedhia, Aged_ 37 R/o Door No- 4-1-12ii3t7-G, Bogsutkunta, SrOnoiaVii'ilrtir%r't., Abirls, Hyderabad. Smt. Urmita Venilal Dedhia, Wo^ Venilala Dedhia, Aged__ 67 R/o Door No 4-1 - 1 2331 7 -G, Boggutkunta. S rOnoOavi np-;;i#;ir, Abid s,, Hyderabad. The State c,[ Telanoana. nep pV its principal Secretary Cooperation and Agricut ru ra I Dr,pa rtm6nt S'ecreia rL'te liy;;;;5; """' " ]!e pepqty,l':gistrar of cooqeratve societies, Gorconda Division Hvderabad Di s r ric r 5 r h F to oi G ru ha ka I pa'e u i ro i n g Mffi ;] I y irjiiri't, o ./ears, AND 1 2 4 ...RESPONDENTS Petition und'rr section 151 cpc praying that in the circumstances stated . in the affidavit firec in support of the petition, the High court may be preased to vacate the interim order dated 25-01-2024 passed in w.p. No.1963 0f 2024 by dismissing the w.p No. '1g63 0f 2024 with exemprary costs in the interest of justice. Counsel for the petitioner: SRI SOURABH AGARWAL Counsel for the Re:spondent No.1 & 2: Gp FOR COOPERATION counsel for the Rer;pondent No.3: sRr MALTPEDDT sRrNrvAs REDDy The Court made ther following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.1963 of 2024 ORDER: This Writ Petition is filed seeking the following relief: "to issue an appropiate Wit Order or direction more partianlarlg one in tle Writ of Certiorari calling for records in O.P.No.12 of 2020 dated 20.O9.2023 on the file of Telangana Co-operatiue Tibunal at Hgderabod and set aside the same a.s illegal arbitrary and u-tithout juri.sdiction and in uiolation of TMACS Act 1995, Telangana Co' Operatiue Societies Act 1964 and RDBB Act 1993 and pass..." 2 Brief facts leading to the filing of the present writ a petition are that the petitioner approached respondent No'3 for financial assistance and after due process, respondent No.3 sanctioned a term loan on 28.12.2018 for a sum of Rs.6O,O0,OOO/- (Rupees Sixty Lakhs only) to be paid in 84 installments with a monthly installment of Rs.1,33,237/- (Rupees One Lakh Thirty Three Thousand TWo Hundred and Thirty Seven only). It is submitted that petitioner No.2 executed a registered memorandum of deposit of title deed uide docurnent No.4129 of 2018 dated 27.12.2OI8 as Guarantor. It is further stated that accordingly, the loan has been disbursed in fav3ur of petitioner No.1 and a-fter disbursement of the loan amount, petitioner No.1 promptly I l I I i I i 2 wp_1963_2024 paid the monthly installment without any delay and due to Covid- 19, petitioner No.l could not make payrrrent of the installmenl.s thereafter. It is further submitted that pursuant to the notice dated 13.09.2O19 issued by resporLdent No.3- society for payment of installment, the petitioners rrpproached respondent No.3 and requested to grant some more time, but the Dispute Resolving Committee filed a report on 07.ll.2Ol9 not accep,trng the explanation of the husband ol petitioner No.1 and directed them to pay three instaLlments of Rs.3,99,71.1/-. Thereafter, the petitioners received the notice from the 'lelangana Cooperative Tribunai (for rshort, .the Tribunal") regarding the filing of O.p.No.12 of 2O2O under Section 3i'(1) of the A.P. Mutually Aided Cooperative Societies Act, 1995. The Tribunal, uide order dated 20.O9.2OI9, in O.P.No.72 c,f 2O2O had passed the following order: "In tl.h.e result, petition is allou.ted, petitioner is entitled for a d<zc:ree against respondent No.l and 2 ,tointlg and. seuerollg for a sum of Rs.69,40,959/- up to 16.O6.2020 (intet'e'st charged up to date) together utith fuhtre interest @ 2096 per annum uith month)g rests from 6.2.2020 till its ren.Iization u.tith costs." a Aggrieved by the said order, the petitioner_q have filed the present Writ Petition seeking to set aside the same. { t \ I :t... 3 wp_7963_2024

4. Learned counsel for the petitioners submitted that pursuant to the said order of Tribunal, respondent No.2 issued a demand notice dated 27.12-2023 in E.P.No'12 of 2023 in O.P.No.12 of 2O2O to the petitioners to pay an amount of Rs.69,40,959/- as on 15.06.2020 plus further interest @ 2Oo/o frorn 16.06.2020 and expenses till the date of recovery of entire amount of respondent No'3' Learned counsel for the petitioners seeks installment to make payment of the decretal amount. Heard learned Government Pleader for Cooperation

5. appearing for respondents No.1 and 2 and Sri Malipeddi Srinivas Reddy, learned counsel appearing for respondent No.3.

6. Having regard to the above submissions, this Court is , 0 inclined to grant stay of all further proceedings, including the demarrd notice dated 27.f2.2O23 issued by respondent No'2 in E.P.No. 12 of 2Ol3 in O.P.No.12 of 2O2O, subject to the petitioners paying the entire decretal amount with interest in installments as per the following terms. The petitioners shall pay the decretal amount in twelve (12) installments ald each , I i \ J 4 wp _1963_2024 installmerrt shall be paid every l5 days from 30.011.2025 and ending r,r,i1.h 15.09.2025 and the last installment stLa_ll include the interest, etc., if any, which is due to respondent No.3 till the date ol payment. In case the petitioners fa Ll to make palrnent cf any of the instaliments, in terms of this order, the stay shall zLutomatically stand vacated and the respondents shall proceed with consequential action pursua.nt to the impugned demand notice. 7 Wi ttr the above directions, this Writ I)etition is disposed of. There shall be no order as to costs. 8 Mis;c:ellaneous applications, if any, pendirrg in this ; writ petition, shall stand closed. ,TRUE COPY// A? \ SD/.A.V.S.PRASAD REGTSTRAR tT1*' ,l\..r.* oFFrcER To,

1. The Principal Secretary, Cooperation and Agricultur:rl Department Secretariate Hyderabad, State of Telangana.

2. The Deputy llegistrar of Cooperative Societies, Golconda Division Hyderabad District sth'Flooi Gruhakalpa Building Nampally Hyderabad

3. The Chief Exr:cutive Officer, Viswa Bharathi Mutually Aided Co Operative Credit Socirdy Ltd, Reg off- Opp SBI Shivam Road New Nallakunta Hyderabad Telangana 500044

4. One CC to SRI SOURABH AGARWAL, Advocate [OPUC] 5. One CC to SRI IVALIPEDDI SRINIVAS REDDY, Advocate IOPUC] 6. Two CCs to GP FOR COOPERATION, High Court for the State of Telangana at Hyderabad 'OUTI 7 .BSR GJP Two CD Copies vf$' ..a., HIGH COURT DATED:0310312025 CC TODAY ORDER WP.No.1963 of 2024 ( ,t :) o l rtE ST4 r4r ,\ (n( v o 21 l'lAH 2025 * Dr. { ,at DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 0Ir tu\ t(