1 W.P. No.4433.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 4433 OF 2011 Jilha Sahakari Audyogikaran Karmachari Va Kamgar Audyogic Sahakari Sanstha Ltd., Nanded, through its Liquidator and District Deputy Registrar, Co-operative Societies, Nanded ..PETITIONER. VERSUS 1. Abdul Salim S/o Abdul Wahed, Age 50 years, Occu. Business, R/o Labour Colony, Nanded. 2. Nanded Co-operative Industrial Estate Ltd., at Shivaji Nagar, Nanded through its Authorized person 3. Jilha Upnibandhak Sahakari Sanstha, Nanded through its authorized person, office at V.I.P. Road, Nanded. ..RESPONDENTS ... Shri G.D. Kale , Advocate for petitioner Shri P.R. Katneshwarkar, Advocate for respondent No. 1 Shri B.G. Deshmukh, Advocate for respondent No. 2 Shri R.P. Phatke, Addl. GP, for respondent /State 2 W.P. No.4433.11 CORAM :- S.V. GANGAPURWALA JJ. DATE:- 2nd August, 2011. ORAL JUDGMENT: Rule. Rule made returnable forthwith, with the consent of parties taken up for final hearing. 2. Petitioner is the original defendant No. 1. The present respondent No. 1 / Original plaintiff has instituted a civil suit for perpetual injunction, as well as mandatory injunction, against the present petitioner and respondent Nos. 2 & 3. During the pendency of the suit, the present petitioner moved an application (Exh.22) for dismissing the suit on the ground of Section 107 and 163 of the Maharashtra Societies Act, 1960 (“ The MCS Act” for short). The said application is disposed of by the Trial Judge, on the ground that as far as the aspects which are put-forth in the application are concerned, the same can be decided after the evidence is laid and documents are produced on record. The said order is assailed in the 3 W.P. No.4433.11 present Writ Petition. 3. Shri Kale, learned counsel for the petitioner submits that the liquidator is appointed on the petitioner’s society. In view of Section 105 read with Section 107 of the MCS Act no suit can be filed or continued against the society wherein the liquidator is appointed and winding up proceedings are initiated. This aspect has not been considered by the Court below. According to the learned counsel, the Court below should have passed an order staying further proceedings, in the absence of permission of the Registrar as contemplated U/Sec. 107 of the MCS Act. 4. Shri Katneshwarkar, learned counsel for the original plaintiff submits that the plaintiff is not the member of the defendant No. 1 society, and as such, the Civil Court has the jurisdiction, as the plaintiff is not concerned with the working of the petitioner’s society. The plaintiff is therefore, not bound by the provisions of 4 W.P. No.4433.11 Section 105 read with Section 107 of the MCS Act, and the Trial Court has rightly dealt with the matter. 5. Section 107 of the MCS Act in mandatory terms, lays down that no Civil Court shall take cognizance of any matter when winding up order has been made and further states that when winding up orders has been made, no suit or legal proceedings shall lie or proceeded with against the society or the Liquidator, except by leave of the Registrar. It is not disputed that the leave of the Registrar is not obtained and that the petitioner society is under liquidation. In such circumstances, in view of the bar en-grafted under Section 107 of the MCS Act, the suit could not have proceeded and until and unless the leave is sought by the plaintiff from the Registrar, the Court could not have dealt with the subject matter of the suit. 6. In the light of above, the impugned order to the extent of proceeding with the suit is quashed and set aside. The Trial Court shall not proceed with the suit till 5 W.P. No.4433.11 the plaintiffs obtain the leave from the Registrar to continue with the proceedings. It is made clear that I have not decided any other point in issue raised in the application. The present order is restricted only to the extent of proceeding with the matter without the leave of the Registrar under Section 107 of the Maharashtra Cooperative Societies Act, 1960. 7. The Writ Petition is accordingly disposed of. The Rule made absolute in above terms. [S.V. GANGAPURWALA, J ] SDM* August-11