- 1 - 1-wp-3034-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3034 OF 2011 Om Shakti Complex 'B' Wing Co-operative Housing Society Ltd. .. Petitioner. V/s. Divisional Joint Registrar, Maharashtra Co-operative Society Act, Kokan Division & Others. .. Respondents. Mr. E.R. Naik, for the Petitioner. Ms. P. S. Cardozo, AGP for Respondent Nos.1,2 and 9. Mr. Shriram S. Kulkarni, for Respondent Nos.3 to 8. CORAM: G.S.GODBOLE,J. DATE : 29th NOVEMBER, 2011. P.C:- 1 In view of the limited controversy involved, the Petition is taken up for final hearing forthwith. 2 Perused the orders dated 17th August, 2011 and 15th September, 2011. Writ Petition is already admitted on 15th September, 2011. There is no finding recorded by the Divisional Joint Registrar that - 2 - 1-wp-3034-2011 the Chief Promoter of the Petitioner has knowledge about the Registration of the Respondent No.3-Society. 3 Apart from this ground, there is one more ground as to why the impugned orders are liable to be quashed and set aside. The first order dated 4th June, 2009 is passed by the Divisional Joint Registrar, Co- operative Society, Kokan Division, Navi Mumbai styled as order passed in Appeal under Section 21(A) of the Maharashtra Co-operative Societies Act, 1960. The said Section does not really contemplates filing of an Appeal but contemplates filing of an application for de-registration of a Society. The order passed under Section 21(A) is appealable under Section 152. In the present case, the Application under Section 21(A) does not appear to have been filed by the Respondent No.3- Society but the same appears to have been filed by the Assistant Registrar of Co- operative Society. This procedure is unknown to law. Hence, on this ground also, the impugned orders are liable to be quashed and set aside. 4 Hence, I pass the following order:- (i) The impugned Judgment and Order dated 4th June, 2009, passed by the Divisional Joint Registrar, Co-operative Societies, Konkan Division, Navi Mumbai in Application No.6 of 2009 as - 3 - 1-wp-3034-2011 also the impugned Judgment and Order dated 1st March, 2011 passed by the Hon'ble Minister (Co-operation) in Revision Application No.692 of 2009 are quashed and set aside. (ii) The application submitted by Respondent No.3 for de- registration of the Petitioner-Society shall he heard afresh by the Divisional Joint Registrar, Konkan Division, Navi Mumbai who shall pass the orders in accordance with law and after giving opportunity of hearing to the Petitioner and Respondent No.3. (iii) The Respondent No.3 is at liberty to file a fresh/ Additional application before the Divisional Joint Registrar, Konkan Division, Navi Mumbai. Needless to state that the Petitioner will also be given an ample opportunity to file additional reply. (iv) All contentions of the parties including the contention regarding jurisdiction and locus standi are kept open. (v) Rule made absolute in the aforesaid terms with no order as to costs. (G.S.GODBOLE,J.)