WP.866-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 866 OF 2011 The Rachana Cooperative Housing Society ...Petitioner Vs. The Dy. Registrar Cooperative Society & Anr. ...Respondents *** Mr. R. V. Pai i/b S. M. Kamble, for the Petitioner. Mr. A. I. Patel, AGP for Respondent Nos. 1 & 2. *** CORAM: V. M. KANADE J. DATE : JANUARY 27, 2011 P.C. 1. Not on board. Upon mentioning, taken on board. 2. Heard the learned counsel appearing on behalf of the petitioner. The petitioner is aggrieved by an order passed by the Dy. Registrar, Cooperative Society dated 15-1-2011. By the said order, an Administrator has been appointed under Section 78(1) of the Maharashtra Cooperative Societies Act (hereinafter referred to as the “Act”). It is submitted that the said order has been passed without hearing the petitioner and there is no consultation, as envisaged under WP.866-11 - 2 - Section 78 of the Act. Reliance is placed on the judgment of the Apex Court, in the case of – Harbanslal Sahnia & Anr. vs. Indian Oil Corporation Ltd. & Ors. [(2003) 2 SCC 107]. It is submitted that ad- interim protection is granted to the petitioner by granting stay to the order and also by directing the bank not to freeze the account which has been frozen as a result of communication of this order to the bank. 3. In my view, since there is an alternative efficacious remedy available to the petitioner to challenge the impugned order passed by the Dy. Registrar by filing an appeal, it will not be possible to entertain this writ petition. The petitioner can exhaust an alternative remedy, available to it and thereafter such a petition can be entertained. Hence, writ petition is dismissed. [ V. M. KANADE J.]