:1: :1: :1: srp. HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 880 OF 2009 CIVIL APPLICATION NO. 880 OF 2009 CIVIL APPLICATION NO. 880 OF 2009 IN WRIT PETITION NO. 6844 OF WRIT PETITION NO. 6844 OF WRIT PETITION NO. 6844 OF 2008. 2008. 2008. Narayan Ganpat More. ..Applicant. Versus. Bharat Tukaram Bhalake & Others ..Respondents. --- Mr. A. Y. Sakhare, Sr. Advocate i/b Mr. M. Patil for the applicants. Mr. Sarang Aradhye for respondent nos. 1 to 17. Mr. V. P. Malvankar A.G.P. for the Respdt. nos. 18 & 19. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE: April 3, 2009. DATE: April 3, 2009. DATE: April 3, 2009. P.C. P.C. P.C. 1. Heard both sides. This is civil application filed in the disposed of Writ Petition No. 6844 of 2008. Writ petition no. 6844 of 2008 was filed by 10 directors of the Vithal Sahakari Sakhar Karkhana Ltd., Venunagar Gursale, Taluka : Pandharpur, District: Solapur. It appears that there are 17 directors of the said Karkhana. It further appears that the proceedings under section 73FF read with section 78 of the Maharashtra Co-operative Societies Act, 1960 were started against the directors of the said Karkhana. Therefore 10 directors of the said :2: :2: :2: Karkhana have approached this Court by filing above referred writ petition. In the said writ petition they challenged the notice issued under section 73FF dated 7th July 2008 and the commencement of the proceedings under section 78. However, when the matter was heard for admission the challenge to the notice under section 73FF and the proceeding under section 78 of the MCS Act, 1960 was given up, and instead they claimed a protection that if any adverse order is passed as against the directors of the said Karkhana, the said order shall not be implemented for a specified period. Therefore, this Court by order dated 19th November 2008 granted relief that if any order is passed by the respondent no.1 in consequence to the impugned show cause notice which is adverse to the petitioner, the order shall not be implemented for a period of two weeks from the date of receipt of the order, if the petitioners are able to take recourse to the legal remedies that may be available to them in law. Thereafter the respondent no.1 should have proceeded with the enquiry under section 78 of the MCS Act as expeditiously as possible, since according to the respondent no.1 the directors of the said Karkhana have stood disqualified in view of the provisions of section 73FF of the Act. It is to be noted that while disposing of the above referred writ petition this Court has not fixed up any time limit to complete the enquiry but granted protection in case the adverse order is passed. Now the applicants have approached to this Court with a grievance that after the :3: :3: :3: writ petition was disposed of by the abovesaid order, respondent no. 18 who was respondent no.1 in the above referred writ petition is not proceeding with the enquiry. The applicant states that the enquiry has commenced on his complaint and therefore he desirous of getting a decision on his complaint as early as possible. We find substance in the said submission. Learned AGP also states that if the directions are given, they will also dispose of the proceedings under section 78 of the Act within the stipulated period. Under these circumstances, learned counsel for the respondent nos. 1 to 17 tried to vehemently oppose for any direction to the respondent no. 18 to dispose of the proceeding. However, his vehemence has no meaning because if the proceeding is prolonged he enjoys the office therefore his opposition to give such directions is natural, but not legal. Therefore we allow the present civil application with a direction that respondent no.18 shall dispose of the proceeding under section 73FF read with section 78 of the Act commenced as against respondent nos. 1 to 17 within a period of eight weeks from today. Civil application is disposed of. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)