IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI^^^A^no^ MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 205 OF 2025 Writ Appeal under clause 15 of the Letters Patent to against the order dated 05.02.2025 in WP No.2007 of 2025 on the file of the High Court. Between: M/s. Durga Co - Operative Urban Bank Ltd., Rep. by its Chief Executive Officer, Regd. No. H.953, Situated at RR Apparao Street, Vijayawada - 520001. ...Appellant/8*'’ Respondent in W.P.2007/2005 AND 1. Tummapudi Dhana Lakshmi, W/o. T. Surya Prakasha Rao, Aged about 73 years, Occ House wife, R/o. D.No 23 -11 -1 / 3a, OgiralavariStreet, Tummapudi Kuteer, Satyanarayana Puram, Vijayawada - 520011. 2. Tummapudi Surya Prakash Rao, S/o. T. Subbaiah, Aged about 78 years, R/o. D.No. 23 -11 -1 / 3a, Ogiralavari Street, Tummapudi Kuteer, Satyanarayana Puram, Vijayawada - 520011 3. The Union of India, rep. by its Secretary, Ministry of Finance, Jeevan Deep Building, Sansad Marg, New Delhi - 110001 4. The Reserve Bank of India, rep. by its Secretary, 18th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai - 400001. 5. The Chief General Manager, Reserve Bank of India, 18th Floor, Central Office Building, Shahid Bhagat Singh Road Mumbai -400001. 6. The State of Andhra Pradesh, rep. by its Principal Secretary Department of Cooperative Societies, A.P Secretariat, Velagapudi, Amaravathi, Guntur District 7. The Commissioner, For Cooperation and Registrar of Cooperative Societies, Skylark Tower, near D.No 2 -16 - 83, 1st Lane, Syamala Nagar, Guntur - 522006. 8. The District Collector and Executive Magistrate, NTR District, Vijayawada 9. The District Cooperative Officer cum Liquidator, Floor, AMC Complex, Governorpet, Vijayawada 10. The PIC Chairman and Committee, M/s. Durga Cooperative Urban Bank Ltd., RR Apparao Street, Vijayawada - 520001. 11. The Authorized Officers, For SARFAESI Proceeding, The Durga Cooperative Urban Bank Ltd, RR Apparao Street, Vijayawada - 520001. 12. The Durga Cooperative Urban Bank Ltd., Rep. by its Branch Manager, Satyanarayana Puram Branch, Vijayawada (Respondents No. 10,11 and 12 are not necessary parties to the present Writ Appeal) ...RESPONDENTS lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings with respect to the summons issued by the 9*^ Respondent herein ,dt: 05.03.2025 vide RC.No. Sum 1/ Liquidator /2025 pending disposal of the above Writ Appeal in the interest of justice. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order dt: 05.02.2025 of the Learned Single Judge in WP No. 2007 / 2025 directing the “Petitioners to submit their application / claim to the 7'^ respondent in the manner as envisaged by the bank within a period of two (2) weeks from the date of receipt of copy of this I Order. After such submission, the 7‘^ respondent is hereby directed to consider the application / claim of the petitioners and after satisfaction of the entitlement of the petitioners by the 7*^ respondent and to allow the operation of the bank locker in accordance with law within a period of four (4) weeks thereafter ” in the interest of justice. Counsel for the Appellant; M/s. MSVS SUDHA RANI Counsel for the Respondent Nos.1 & 2: SRI GANGISETTI UMA SANKAR, Counsel for the Respondent No.3: M/s. KESAVI KUMARI NEMALA representing Ms. ANJANA REDDY, CENTRAL GOVT. COUNSEL Counsel for the Respondent Nos.4 & 5: SRI S. SATYANARAYANA - MOORTHY Counsel for the Respondent Nos.6,7 & 9: GP FOR COOPERATION Counsel for the Respondent No.8;GP FOR REVENUE ^ Counsel for the Respondent Nos.10 to 12:--- The Court made the following; JUDGMENT ( APHC010118422025 Bench Sr.No:-3 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■i 7 WRIT APPEAL NO: 205 of 2025 M/s. Durga Co - Operative Urban Bank Ltd., Rep., by its Chief Executive Officer. ...Appellant Vs. ...Respondents Tummapudi Dhana Lakshmi and others ********** Mrs. MSVS Sudha Rani Advocate for Appellant Advocate(s) for Respondent(s): Mr. Gangisetti Uma Sankarfor R.1 & R.2, Ms. Kesavi Kumari Nemala representing Ms.E Anjana Reddy (Standing Counsel for Central Government) for R.3, Mr. S Satyanarayana Moorthy for R.4 &R.5, GP for Cooperation for R.6, R.7 & R.9 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 10‘^ March, 2025 PC: The present writ appeal has been preferred against the judgment and order, dated 05.02.2025 passed in WP.No.2007 of 2025. The petitioners, who are respondent Nos.1 & 2 herein, had lockers in the appellant bank i.e.. M/s. Durga Co-operative Urban Bank ' Limited. It appears that the banking license of the appellant bank was 2. 2 HCJ & RC, J WA 205 2025 cancelled and the Government thereafter appointed an official liquidator on 15.11.2024. The writ petition bearing No.26357 of 2024 was filed by the appellant bank against the order of cancellation of the banking license which was disposed of by virtue of order, dated 24.01.2025 with liberty to the petitioner to prefer an appeal before the appellate authority which is the Central Government. Learned counsel for the appellant states that an appeal has since 3. been preferred which is pending decision before the Central Government. In the meantime, respondent Nos.1 & 2 preferred WP.No.2007 of 2025 claiming that they be permitted to operate their bank lockers in the appellant bank. It was stated that apart from the gold ornaments which were lying in the said lockers, there were other important documents which were required to be retrieved from the lockers in question. The petition was disposed of with liberty to the petitioners to submit their application before respondent No.7 i.e., the District Cooperative Officer-cum- Liquidator, who was directed to consider the application of the petitioners and if satisfied to allow them to operate the bank lockers. This was required to be done within a prescribed time. The appellant is not aggrieved of the consideration of the application directed to be so considered by respondent No.7. However, it is aggrieved of the communications, dated 14.02.2025 & 05.03.2025 whereby 4. 3 HCJ&RCJ ' WA 205 202^ the records of the appellant bank are sought to be produced with a view to comply with the directions of this Court in WP.No.2007 of 2025. / Learned counsel for the appellant would submit that the said directions to produce the relevant records could not have been issued by the District Co-operative Officer, who is the Liquidator, pending the appeal before the Central Government. 5. On a perusal of the communications made, in our opinion, if at all the appellant is aggrieved of the said communications, it would perhaps give rise to a separate cause of action and has nothing to do with the directions issued by virtue of the judgment and order impugned. 6. Whether or not the Liquidator has the power to summon the records in terms of the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 would be the issue which would have to be considered in appropriate proceedings. If the Liquidator has the power to summon any record as is sought for by the said respondent No.7, in terms of the provisions of the Act of 1964, then with a view to give effect to the directions passed by this Court by virtue of the judgment and order impugned, the same would become necessary. 7. However, insofar as the judgment and order impugned is ^ concerned, considering the statement already made by learned counsel for 8. 4 HCJ & RC, J WA_205_2025 do not see any merit in the present Writ Appeal, which iIS the appellant, we accordingly dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- Wl.RANlESH BABU deputy registrar //true copy// SECTION OFFICER To, Advocate [OPUC] Advocate [OPUC] cc to M/s. MSVS Sudha Rani Sri Gangisetti Uma Sankar ^ M/s. E. Anjana Reddy, Central Govt. I ^ Moorthy, Advocate[OPUCl 1. One 2. One CC to 3. One CC to CC to Sri S. Satyanarayana Cooperation, High Court of A.P High Court of A.P . at Amaravati[OUTl 4. One 5. Two CC’s to GP for 6. Two CC’s to GP for Revenue . at Amaravati[OUTl 7. Three CD Copies. s " ^ .. t ssb HIGH COURT DATED: 10/03/2025 JUDGMENT "x 2 1 MAR 2025 Current Secuon WA.No.205 of 2025 DISMISSING THE W.A. WITHOUT COSTS