IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.422 OF 2008 IN WRIT PETITION NO. 7718 OF 2008 Dr. Sitaram Raghunath Kapase ... Appellant Vs. State of Maharashtra and others ... Respondents Mr. A.Y. Sakhare, senior advocate i/by M/s. Y.K.S. Legal for the appellant. Mr. J.G. Reddy for the respondent No.2. Mr. S.R. Chinchalikar, Assistant Government Pleader for the State. CORAM: SWATANTER KUMAR, C.J. & S.A. BOBDE, J. DATE : 10TH DECEMBER, 2008 P.C.: We have heard the learned counsel appearing for the parties. The present appeal is directed against the order passed by the learned Single Judge dated 5th December, 2008 wherein the court has affirmed that Administrators had been appointed superseding the Managing Committee and have already taken over the charge of the society and, therefore, the writ petition has been dismissed being infructuous. 2. On an application made under section 78 of the Maharashtra Co-operative Societies Act, 1960, the competent authority has passed an order dated 30th August, 2008. The correctness of this order was challenged by the Managing Committee of the society by filing an appeal before the Registrar, Co-operative Societies. This appeal came to be admitted and operation of the order dated 30th August, 2008 appointing the Administrator by superseding the Managing Committee of the society was stayed vide judgment and order passed by the Registrar by order dated 14th September, 2008. After few days, an application for intervention was moved, copies whereof were given to the parties and the same authority vide order dated 20th November, 2008, vacated order dated 19th September, 2008 was vacated and the appeal was kept pending. Correctness of this order was challenged in the writ petition No.7718 of 2008 which, as already noticed hereinabove, was dismissed as having become infructuous. 3. The arguments raised before us is that the fact that an Administrator has taken charge would not render the writ petition infructuous as firstly it was against an interim order dated 22nd November, 2008 passed while vacating the order dated 19th September, 2008 without even hearing the appellant herein. From the bare reading of the order, it appears that the counsel was present on behalf of the appellant but it is stated to be assisting counsel and was deputed only to take adjournment of the intervention application and no application on the ground to this effect was taken. This ground interalia having been dealt with in the order impugned in the present appeal. Appeal is pending. Therefore, it was desirable for the court to hear the parties on merits as to the correctness of the order or otherwise. We are unable to accept the arguments raised on behalf of the respondents. Against the order dated 5th December, 2008, appellant has also filed review application. Counsel appearing for the appellant states that he has already submitted the application being Review Application St. No.28108 of 2008 and he is going to withdraw the same. In fact, this statement has been made and in view thereof, the review application does not survive. 4. In the circumstances aforestated, we are of the considered view that it will be appropriate to dispose of this Letters Patent Appeal at this stage itself which is taken after final hearing with the consent of parties and the same is disposed of with the following directions: a) If the Administrator is appointed and has taken over the charge of the society, he can continue to look after the state of affairs of the society subject to compliance with the other directions contained in this order. b) The Joint Registrar, Co-operative Societies is hereby directed to take up appeal No.220 of 2008 titled as Mr. Sunil B. Sardar v. Assistant Registrar, (Slum Rehabilitation Authority) and others, for final hearing and pass an appropriate orders expeditiously. c) Even the Administrator may not take policy decisions particularly in relation to financial matters, appointment of the staff of the society and issues affecting the larger interest of the society but would primarily manage the affairs of the society. 5. With the above directions, appeal is disposed of. The Joint Registrar shall dispose of the appeal finally within a period of four weeks from the date the copy of this order is brought to his notice. The parties are directed to appear before the Joint Registrar on 15th December, 2008. CHIEF JUSTICE S.A. BOBDE, J.