Andhra Pradesh High Court - Amravati
The Andhra Pradesh State Handloom ... vs The Chowdeswari Handlooms ... on 30 July, 2021
Bench: Arup Kumar Goswami, Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
I.A.No.1 of 2021 in WRIT APPEAL No.357 of 2021
and
WRIT APPEAL No.357 of 2021
(Taken up through video conferencing)
The Andhra Pradesh State Handloom Weavers
Co-operative Society Ltd., (APCO), D.No.29-11-9/1,
APCO Bhavan, Near Rehman Park,
Vijayawada, Krishna District,
Rep. by its V.C. & Managing Director and another.
.. Appellants
Versus
The Chowdeswari Handlooms Weavers Co-operative
Production and Sales Society Ltd., Ravindranagar,
Kadapa, YSR District, Rep. by Bandi Muralikrishna
S/o. Bandi Hanumanthu.
.. Respondents.
Counsel for the appellants : Mr. Kasa Jaganmohan Reddy,
Spl. Govt. Pleader
Counsel for respondent No.1 : Mr. V.R. Reddy Kovvuri
ORAL JUDGMENT
Dt: 30.07.2021
(per Arup Kumar Goswami, CJ)
Heard Mr. Kasa Jaganmohan Reddy, learned Special Government
Pleader appearing for the appellants. Also heard Mr. V.R. Reddy Kovvuri,
learned counsel appearing for the 1st respondent/writ petitioner.
2. I.A.No.1 of 2021 is an application filed for condonation of delay of
304 days in filing the connected appeal against the common order dated
17.10.2019 passed by the learned single Judge in W.P.Nos.3376 and 3378
of 2019 insofar as it relates to W.P.No.3376 of 2019.
2 HCJ & NJS,J
IA.No.1/2021 in WA.No.357/2021 &
WA.No.357/2021
3. The writ appeal along with the delay condonation application came
to be filed on 17.06.2021.
4. The 1st respondent/writ petitioner filed counter-affidavit contesting
I.A.No.1 of 2021.
5. By the order under appeal, the learned single Judge had directed
the 1st appellant-Society (2nd respondent therein) to pay a sum of
Rs.3,03,70,530/- to the 1st respondent/writ petitioner, deducting the
payments made, if any, along with simple interest at the rate of 8% per
annum from the date of invoices till the date of actual payment.
6. To explain the delay in preferring the appeal, Mr. Kasa Jaganmohan
Reddy has drawn our attention to paragraph Nos.7 and 9 of the affidavit
in support of I.A.No.1 of 2021. In the said paragraphs, it is stated as
under:
"7. I submit that the learned single Judge allowed
the writ petition by judgment dt.17.10.2019 directing the 1st
petitioner to pay a sum of Rs.3,03,70,530/- to the Petitioner
after deducting the payments made, along with interest. The
petitioner has already paid an amount of Rs.35,00,000.00
during the pendency of writ petition and the balance of
Rs.2,68,70,533/- on 02.03.2021 towards the principal
amount which was never disputed nor denied. The petitioner
agreed to receive the principal amount at that time but
surprisingly he filed contempt case in CC No.154 of 2021
alleging disobedience to the court orders. It is therefore
clear that the respondent society never intended to evade
passing on the amounts received from the consumers to the
credit of the petitioner. The petitioners are aggrieved with
3 HCJ & NJS,J
IA.No.1/2021 in WA.No.357/2021 &
WA.No.357/2021
the direction to pay interest towards the invoices raised
which is not in terms of the byelaws of the society. As
already stated supra this respondent has not purchased the
cloth from the petitioner for profiteering and is endowed to
collectively support the primary members and disbursing the
sale proceeds.
9. I submit that impugned judgement was
rendered by the learned single Judge on 17.10.2019 and the
copy of the judgement was furnished on 05.11.2019. The
appeal ought to have been preferred within 30 days, on or
before 04.12.2019. As mentioned supra the petitioner never
denied to pay the invoices either before filing of the writ
petition or during the writ petition. As already stated the
cloth supplied by the petitioners was sold to the State
Departments on behalf of the respondent and a huge sum of
money was held up by the TSCO and Government of A.P.
The petitioner was not in a position to pay the principal
amount to show its bonafides. The pandemic further crippled
the financial position of the petitioner society. I took charge
of the office on 03.06.2020 and after assuming the charge of
the office I caused to pay the principal amount as per the
invoices on 02.03.2021. The period of during 25.03.2020 to
15.03.2021 was pandemic period. Hence there is a delay of
304 days in filing this appeal. If the delay is not condoned
the petitioners will suffer irreparably and its very purpose of
incorporation will fail resulting in hardship to the primary
members including the respondent/writ petitioner."
4 HCJ & NJS,J
IA.No.1/2021 in WA.No.357/2021 &
WA.No.357/2021
7. Mr. Kasa Jaganmohan Reddy submits that because the 1st
respondent/writ petitioner had agreed to receive the principal amount, the
appellants did not choose to file an appeal and only when a contempt
case, being Contempt Case No.154 of 2021, was filed by the 1st
respondent/writ petitioner, it was considered necessary to prefer the
appeal.
8. Mr. V.R. Reddy Kovvuri has submitted that contempt petition was
filed on 16.12.2020 with prior notice to the counsel and this fact is not
disputed by Mr. Kasa Jaganmohan Reddy.
9. On a query of the Court as to whether there is any written
document evidencing that the 1st respondent/writ petitioner had agreed
for receiving only the principal amount foregoing the interest amount
granted by the order of the learned single Judge, Mr. Kasa Jaganmohan
Reddy very fairly submits that there is no such document.
10. In the counter-affidavit filed in I.A.No.1 of 2021, it is stated that
the 1st respondent/writ petitioner had never agreed to receive only the
principal amount.
11. Having regard to the facts and circumstances as noted above, we
are of the considered opinion that the delay has not been explained. Even
after being aware of the contempt proceedings, the appellants took nearly
6 months to prefer the appeal.
12. In that view of the matter, I.A.No.1 of 2021 is dismissed.
Consequently, the writ appeal also stands dismissed. No costs. Other
pending miscellaneous applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
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