..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.4725 OF 2006 CIVIL WRIT PETITION NO.4725 OF 2006 CIVIL WRIT PETITION NO.4725 OF 2006 Nashik District Central Co-operative Bank Limited. ..Petitioner. Versus Versus Versus The Assistant Registrar, Co-operative Societies, Igatpuri & Anr. ..Respondents. .... Mr.Kishor Patil, Adv. h/f. Mr.P.N.Joshi, Adv. Advocate for the Petitioner. Mr.S.D.Rayrikar, A.G.P., for Respondent Nos.1 & 2. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : JANUARY 22, 2008. DATED : JANUARY 22, 2008. DATED : JANUARY 22, 2008. P.C.: 1. Leave to delete respondent Nos.3 & 4 is granted. Amendment to be carried out forthwith. 2. Heard the learned Advocate for the petitioner and the learned AGP for respondent Nos.1 & 2-State. 3. The petitioner had disbursed loan to Shirasgaon Aadiwasi Seva Sanstha Ltd., Shirasgaon, District-Nashik. As there was default on the part of the said society in repaying the loan, the petitioner had obtained valid award in respect of ..(2).. the same. Thereafter respondent No.1-Assistant Registrar, Co-operative Societies passed interim order on 2.5.1991 appointing liquidator under Section 102 of the Maharashtra Co-operative Societies Act, 1960. 4. The petitioner raised its objection with a request not to liquidate the said society as substantial claim of the petitioner was outstanding. However, respondent No.1-Asstt.Registrar, Co-operative Societies, Dindori Peth, District-Nashik without giving any hearing to the petitioner Bank or considering its objection, passed final order dated 8.4.2002 under Section 102 of the Maharashtra Co-operative Societies Act, 1960. By the said order, liquidator came to be appointed to complete the liquidation process. On perusal of the title and order dated 8.4.2002, it is seen that the petitioner is not a party thereto nor the petitioner has been heard in the matter. So also the objections of the petitioner have not been considered while passing order appointing liquidator under Section 102 of the Maharashtra ..(3).. Co-operative Societies Act, 1960. 5. Being aggrieved by the said order, the petitioner preferred Revision Application No.R-87 of 2003 before the Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik. The said revision came to be dismissed by order dated 31.12.2003. Being aggrieved by the orders dated 8.4.2002 and 31.12.2003 this Petition has been preferred. 6. It is an admitted fact that no notice was issued to the petitioner Bank. As no notice was given to the petitioner, the petitioner could not be heard in the said matter nor the objections of the petitioners were considered. The learned A.G.P. admits this position. The case of the petitioner Bank is that arrears of the Bank can be recovered only if the society survives and winding up would affect recovery of Bank and would cause irreparable loss to the Bank. This aspect and other aspects would have been pointed out by the petitioner-Bank if they had been given notice. Obviously the petitioner ought to have been given ..(4).. a hearing in the said matter before passing order dated 8.4.2002. This fact has not been considered by the revisional Court in its order dated 31.12.2003. Hence, both the orders dated 8.4.2002 and 31.12.2003 deserve to be set-aside and are accordingly set-aside. Respondent No.1-Assistant Registrar, Co-operative Societies to consider the objections of the petitioner and thereafter decide the matter in accordance with law. 7. Writ Petition is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)