1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9262 OF 2009 Ambadas K.Myakal .. Petitioner. Vs. Shridhar Ramyya Kondale & Ors. .. Respondents. Mr.Surel S.Shah for the petitioner. Mr.G.S.Godbole i/b Vikas Mali for respondent no.1. Ms.Neha Bhide AGP for respondent nos.2 and 4. CORAM : D.B. BHOSALE, J. DATED : 7TH DECEMBER, 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. This petition is directed against the order dated 8.9.2009 passed by respondent no.4 granting interim stay of the order dated 25.8.2008 passed against respondent no.1 under section 78(1) of the Maharashtra Co-operative Societies Act, 1960. By the order dated 25.8.2008, respondent no.1 was removed as a 2 member of the managing committee on the ground of default. After this order was passed, the documents on record show that on 6.12.2008 the managing committee in its meeting co-opted the petitioner in the place of respondent no.1. Minutes of the said meeting were confirmed in the meeting dated 13.2.2009. In view thereof the petitioner claims that he started functioning as a member of the managing committee since the date of his co-option. It further appears that respondent no.1 has also instituted a suit before Co-operative Court for declaration and perpetual injunction. The declaration sought by respondent no.1 in prayer clause (b) read thus: “(B) The meetings of Board of Director held on 6.12.2008 and 13.2.2009 by the defendant No.1 – Co- operative Society, in relation to subject No.7 regarding filling in vacancy occurred due to disqualification of the plaintiff, and consequent election of defendant No.14. Mr.Ambadas K.Myacal as director of the defendant No.1 Society, be declared as null and void.” 4. Admittedly, no interim order has been passed in the said suit till this date. It appears that in the appeal filed before respondent no.4, by respondent no.1 under section 152, after more than a year the impugned order of stay has been passed by the Minister. On the basis of this order, according to the petitioner, respondent no.1 is insisting for allowing him to participate in 3 the meetings of the managing committee. The petitioner contends that he has been functioning as a member of the managing committee in the place of respondent no.1 since the date of his co-option. It is against this backdrop, in my opinion, the order of stay dated 8.9.2009, impugned in the writ petition, cannot operate against the petitioner. In the circumstances I am satisfied that this writ petition deserves to be disposed of by following order: (a) The order dated 8.9.2009 passed by respondent no.4 in appeal No.APP1808/PRA.KRA.504/15-S (Exhibit-F to the writ petition) is set aside. (b) It is open to the petitioner to apply for intervention in the appeal filed by respondent no.1 challenging the order dated 25.8.2008 within a period of four weeks from the date of receipt of this order. If such an application is filed by the petitioner, same may be allowed by respondent no.4, and the petitioner may also be heard while disposing the appeal filed by respondent no.1. (c) Respondent No.4 shall endeavour to dispose of the appeal as expeditiously as possible and preferrably within a period of 16 weeks from the date of receipt of this order. (d) While passing this order I shall not be understood to have expressed any opinion on merits of the case and respondent no.4 shall deal with the appeal on merits in accordance with law and without being influenced by this order. All contentions of the 4 parties are kept open. It is open to the parties to file further pleadings, if so advised, before respondent no.4 within a period of four weeks from the date of receipt of this order. The prayer of Mr.Godbole, learned counsel for respondent no.1, for stay of this order is rejected. With these observations the Rule is disposed of. (D. B. Bhosale, J.)