WP 5775/10 1 SSK?/13 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5775 OF 2010 Kannamwar Nagar Sangam Co-operative Housing Society Ltd. ....Petitioner Versus The Deputy Registrar Co-op.Societies Mumbai Housing and Area Development Board, Bandra, Mumbai – 400 051 & Ors. ...Respondents Mr. S. A. Pawar, Advocate for the Petitioner. Mr. S. D. Rairikar, AGP for Respondent Nos.1 & 3. CORAM : R. V. MORE, J. DATED :28th JULY, 2010. P.C.: Heard Mr.Pawar, learned Counsel for the Petitioner and Mr. Rairikar, learned AGP for Respondent Nos. 1 & 3. 2. The Deputy Registrar by an order dated 22nd March, 2010 passed under section 89(a) of the Maharashtra Co-operative Societies Act, 1960 appointed an Inspection Officer to inspect the books and records of the Petitioner-Society. This order was confirmed by the Divisional Joint Registrar and therefore, the present petition. WP 5775/10 2 SSK?/13 3. The authority of Deputy Registrar to pass orders under section 89(a) of the M.C.S.Act, 1960 is not disputed by the learned Counsel for the Petitioner. His only contention is that the Deputy Registrar could not have passed those orders on the basis of complaint of a third person. He further submits that the Deputy Registrar sou-motou could have issued orders under section 89(a) of the M.C.S.Act, 1960. Whether the Deputy Registrar exercised power under section 89(a) of the M.C.S.Act, 1960 sou-motu or at the instance of third party, may not be relevant, once, it is accepted that he has power to issue such directions. By those orders, the books of account of the Petitioner-Society would be inspected. No order adverse to the interest of the Petitioner-Society has been passed by the Deputy Registrar. The Deputy Registrar is entitled to supervise working of the Petitioner-Society. Needless to mention that the Deputy Registrar shall not pass any order adverse to the interest of the Petitioner-Society without affording an opportunity of hearing to the Petitioner. In the light of the above observations, I do not find any merit in the petition and same is accordingly dismissed. (R. V. MORE, J.)