1 wp-10332.10-- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10332 OF 2010 The Saraswat Co-operative Bank Limited. ... Petitioner. V/s. The State of Maharashtra and another. ... Respondents. WITH WRIT PETITION NO. 2984 OF 2010 The Thane Janata Sahakari Bank Limited. ... Petitioner. V/s. The State of Maharashtra and others. ... Respondents. Bhupesh Samant for the petitioners. S.N.Patil, AGP for the respondents. WITH WRIT PETITION NO. 2978 OF 2008 Abhyudaya Co-operative Bank Limited. ... Petitioner. V/s. The State of Maharashtra and others. ... Respondents. V.C.Ghosalkar for the petitioner. S.N.Patil, AGP for the respondents. 2 wp-10332.10-- CORAM : V.C.DAGA AND R.G.KETKAR, JJ. DATED : 25th January 2011. P.C. : The petitioners in these petitions are seeking writ of mandamus against the respondents with prayer to renew the powers of the officers of the petitioner to execute awards and/or decrees obtained by the societies or in alternative to delegate powers to the officers of the petitioners under the provisions of the Maharashtra Co- operative Societies Act, 1960 (“Act” for short) and rules framed thereunder to get the awards or decrees obtained by the co-operative societies executed in accordance with law. 2. In support of the prayer made, our attention was drawn to the order of this Court dated 21st October, 2010 passed in Writ Petition No.2984/2010; wherein, by way of interim direction, the directions were issued to the respondent- State directing it to issue notification under section 156(1) and (2) of the Act to nominate three officers of the petitioner- bank as “Special Recovery Officers” in tune with the notification dated 17th October, 2008 giving powers to recover dues of the societies shown in Group `A’ appearing thereunder which was to operate, initially, for a period of six months and thereafter it was to continue further subject to further orders to see that the awards and decrees are executed with expeditious despatch. 3. In W.P.No.10332/2010, following above route, the Deputy Registrar, Co-operative Societies, K-West, Mumbai 3 wp-10332.10-- has filed purshis dated 25th January, 2011 along with copy of the letter dated 20th January, 2011; wherein the State Government through Commissioner and Registrar for Co- operation, Co-operative Societies, Maharashtra State, Pune has agreed to issue notification under section 156(1) and (2) of the Act so as to nominate three officers of the petitioner- bank as the Special Recovery Officers. In view of this, cause of action to proceed with that petition does not survive. 4. We have no manner of doubt that the said appointments shall be made with expeditious despatch and shall keep the appointments alive so long the awards and/or decrees are not executed in accordance with law. 5. We hope that the State Government shall take policy decision in this behalf so as to make it operative and applicable to all the Co-operative Societies so that each and every Co-operative Society need not be driven to this Court to claim similar reliefs. 6. Till such time the appointments of Special Recovery Officers are not made and the execution proceedings are not taken up, the interim order shall continue to operate. 7. With the aforesaid observations, all the three petitions are disposed of with no order as to costs. (R.G.KETKAR, J.) (V.C.DAGA, J.)