appellants pending the C.T.A. and in the meanwhile, the sale notice dated 05.02.2005 was issued. Thereafter, the Cooperative Tribunal dismissed the appeal, holding that the appellants, admittedly, borrowed a sum of Rs.75,000/- by mortgaging the immovable property, agreeing to repay the same in 35 monthly instalments at the rate of Rs.3500/- and the appellants 2 and 3 herein, who are the surety-holders, have executed necessary documents. But as the instalment amounts have not been paid and therefore, as per the terms of the agreement, entire amount was demanded. Accordingly, it was held that the demand of loan amount is not pre-mature. It was the contention that the Arbitrator has not given proper opportunity to the appellants, but their contention was also negatived, holding that the Arbitrator has given proper opportunity to the appellants. Aggrieved by the said order of the Tribunal, the appellants filed W.P.No.4775 of 2005 contending that the reference was made under Section 74(2) of the A.P. Cooperative Societies Act, 1964 (for short ‘the Act’) and therefore, entertaining the dispute and passing the award under Section 61 read with Section 62(2) of the Act, is erroneous. The said contentions have been rejected by the learned Single Judge, holding that the perusal of the arbitration award goes to show that the reference was made under Section 61 read with 62(2) of the Act and therefore, the arbitration award was also passed resolving the dispute and hence it cannot be said that the reference was made under Section 74(2) of the Act but not under Section 61 read with Section 62(2) of the Act. The
