1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6759 OF 2008 WITH CIVIL APPLICATION NO.2247 OF 2009 Popat Punaji Garud & Anr. .. Petitioners. Vs. Dy.Registrar of Co-operative Society and Ors. .. Respondents. Mr.P.M.Shah for the petitioners. Mrs.Usha Purohit with S.V.Masurkar for respondent nos.4 to 7. Mr.S.D.Rayrikar A.G.P. for respondent nos.2 to 3. CORAM : D.B. BHOSALE, J. DATED : 5TH NOVEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 3. Counsel for the petitioners submits that petitioner nos.1 and 2 are members of the managing committee against whom an order appointing administrator has been passed. He submits that both the petitioners after having consulted other members of the managing committee have agreed for the following order. The learned counsel for respondent nos.4 to 7 also, on 2 instructions, submits that they have no objection for passing the following order: (a) The Deputy Registrar of the Co-operative Societies, MHADA, K/West Ward, Bandra shall appoint an officer from his office to hold elections of Charkop Siddarth Co-operative Housing Society Ltd. The officer, so appointed shall conduct elections of the society and complete the election process within a period of two months from the date of his appointment. (b) The Deputy Registrar shall appoint the officer, as aforementioned, within a period of two weeks from today. (c) The petitioners and respondent nos.4 to 7 are directed to co-operate with the officer appointed by the Deputy Registrar, to complete the election process within timeframe. (d) The existing members of the committee shall continue to hold charge of the society, however, they shall not take any major/policy decision and shall only look after day-to-day functioning of the society till newly elected body takes over the charge of the society. 4. At this stage counsel for the petitioners points out that the issue of membership is pending before different forums in different proceedings. It is, therefore, made clear that this order is passed without prejudice to the rights and contentions of every individual member of the society in the pending proceedings. It is open to respondent nos.4 to 7 to intervene in 3 the pending proceedings, if they are so entitled. All contentions insofar the issue of membership is concerned, are kept open. 5. Rule made absolute in terms of this order. No costs. 6. Consequently, the civil application also stands disposed. (D. B. Bhosale, J.)