:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1120 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.Vijay D.Patil for the petitioners. Ms.P.S.Cardozo, AGP for Respondent nos.1 to 3. CORAM: S.C.DHARMADHIKARI, J. DATED: 16TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. Mentioned. Not on board. 2. In the light of the urgency, taken up by consent. 3. The petitioner is aggrieved by an order passed by the Appellate Authority not granting stay during the pendency of the Appeal. :2: :2: :2: 4. The Appeal is directed against an order passed by the Assistant Registrar, Co-operative Societies, Panvel-Taluka, District-Raigad pursuant to which the Liquidator stood appointed and the petitioners were called upon to hand over charge. 5. It is not disputed that an Appeal lies against such an order. Further, once liquidation order is passed and the consequences being what they are in law, it was not unreasonable of the petitioners to have expected that the Appellate Authority will direct the Liquidator not to act in pursuance of the order. 6. However, that request is also rejected and now the Appeal is placed for hearing on 11.3.2008. The apprehension of the petitioners is that the communication which is addressed by the Liquidator to the Petitioner no.1 on 7.2.2008 would then become operative. :3: :3: :3: 7. In the peculiar facts of this case, and when the Appeal was directed against an order of liquidation of the subject society, interest of justice would be subserved if the final order that has been passed by the Assistant Registrar, Co-operative Societies, Panvel on 18.1.2008 is stayed until the hearing and final disposal of the Appeal. However, it is directed that the petitioner shall not alienate, encumber, part with possession or create any third party rights, in any manner, whatsoever, in respect of movable and immovable Assets and properties of the Society. However, this does not prevent them from carrying on the day to day operations. The Appellate Authority to now decide the Appeal on merits and in accordance with law. This order is passed merely because of the prima-facie case and apprehension made out by the petitioners. Petition disposed off. No costs. sd/- *******