JUDGMENT : 1. The present Letters Patent Appeal has been preferred against the judgment and order dated 07.10.2023 passed in I.A. No. 1 of 2023 in W.P. No. 26281 of 2023. 2. From the record it appears that a surcharge order came to be passed in terms of Section 60 of the Andhra Pradesh Cooperative Societies Act, 1964 whereby an amount of Rs.9,07,665/- was sought to be recovered from the appellant herein. The aforementioned order came to be challenged by the appellant before the A.P. Cooperative Tribunal at Vijayawada, who by virtue of its order dated 24.01.2022 granted interim stay against the order of surcharge, on being satisfied that in terms of Rule 11 of the Andhra Pradesh Cooperative Tribunal (Procedure) Rules, 1994 (hereinafter referred to as “the 1994 Rules”) the properties belonging to the appellant were under attachment. This order of interim stay was challenged in a writ petition by the Unikilli Large Size Cooperative Society Limited/respondent No. 5 herein, in which the learned single Judge by virtue of an interim order stayed the operation of the order dated 24.01.2022 passed by the A.P. Cooperative Tribunal/respondent No. 2, on the ground that the conditions prescribed in Rule 11 of the 1994 Rules had not been followed inasmuch as the appellant herein had not deposited cash amounting to 50% of the amount involved in the surcharge order or in the alternative had not furnished security of equal value. 3. Counsel for the appellant would submit that the order impugned passed by the learned single Judge was an ex-parte order without issuing notice to the appellant herein. It is stated that an application for seeking modification of the order impugned had also been filed which was listed today but on account of the pendency of the present Letters Patent Appeal the same has been posted after vacation. Nevertheless, it is stated that the appellant would furnish such security as this Hon’ble Court deems fit with a view to prevent the auction of the properties which is scheduled to be held on 03.01.2024. 4. Counsel for respondent No. 5/The Unikilli Large Size Cooperative Society Limited, Mr. P. Veera Reddy, has vehemently opposed the relief that has been prayed for in the present Letters Patent Appeal. 4. Counsel for respondent No. 5/The Unikilli Large Size Cooperative Society Limited, Mr. P. Veera Reddy, has vehemently opposed the relief that has been prayed for in the present Letters Patent Appeal. It is stated that the appellant having already filed an application for modification/vacation of the order impugned in the present Letters Patent Appeal before the writ Court, cannot be permitted to file both the remedies of Letters Patent Appeal as also the remedy before the learned single Judge. 5. We have heard learned counsel for the parties. There is no doubt that the appellant herein has also preferred an application seeking modification of the order dated 07.10.2023, which however could not be taken to logical conclusion on account of proposed pendency of the present Letters Patent Appeal. However, considering the fact that the Unikilli Large Size Cooperative Society Limited proposed to auction the properties belonging to the appellant tomorrow and considering the fact that there is hardly any time left for the appellant to approach the learned single Judge with a view to take the application for modification of the order to its logical conclusion, we dispose of the present writ appeal with a direction to the appellant to deposit Rs.5,00,000/- (Rupees Five Lakhs Only) within one week from today with the A.P. Cooperative Tribunal/respondent No. 2. Within the same period, the appellant herein shall also furnish property Security to the satisfaction of the said Tribunal. In case, the handover is not done, it shall be open to Society/respondent No. 5 to proceed with the auction of the properties in question. We also direct the Tribunal to decide the appeal preferred by the appellant herein within one month from the date of copy of the order is served upon. 6. In that view of the matter, counsel for the parties agree that the writ petition bearing W.P. No. 26281 of 2023 pending before the writ Court be closed. Ordered accordingly. No order as to costs. 7. Pending miscellaneous applications, if any, shall stand closed.