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 CIVIL CIVIL CIVIL WRIT PETITION NO. 14 OF 2009 WRIT PETITION NO. 14 OF 2009 WRIT PETITION NO. 14 OF 2009 Shri Allabux Babu Nadaf ] .. Petitioner Versus 1. The Manager, The Ravivarpeth Co.op. ] Bank Ltd. & 2 ors. ] .. Respondents Mr. S.R. Ganbavale for the petitioner. Mr. Vinay Masurkar, GP, for the respondent No.3. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 7TH JANUARY, 2009 P.C. : 1. The grievance of the petitioner can be redressed by issuing directions to the Commissioner and Registrar, Cooperative Societies, Maharashtra State. 2. The petitioner has filed an application bearing [BIRA] No.10 of 1995 against the Ravivarpeth Cooperative Bank Limited, Kolhapur, challenging illegal termination. The said application was before the Labour Court, Kolhapur and it was rejected by order dated 22nd June, 2006. The petitioner has then filed Appeal [BIRA] [IC] No.30 of 2007 before the Industrial Court, : 2 : Kolhapur. However, after the application was rejected by the Labour Court and while the appeal was still pending before the Industrial Court, Kolhapur, the said Bank went into liquidation and one Shri Kumbhar has been appointed as Liquidator of the said Bank. Having found that in view of the provisions of Section 107 of the Maharashtra Cooperative Societies Act, 1960, a legal proceeding cannot continue as against the society under liquidation, the petitioner has made an application on 1st March, 2008, to the respondent - Commissioner and Registrar for Cooperative Societies. The grievance of the petitioner is that after this application, only a reply was called for from the Liquidator and thereafter, the respondent has not passed any order and/or has not proceeded to decide the said application. 3. We, therefore, direct the respondent - Commissioner and Registrar, Cooperative Societies, Maharashtra State to decide the application of the petitioner in view of the power vested in him by section 107 of the Maharashtra Cooperative Societies Act on its own merit after hearing both the parties. The Commissioner is directed to pass a speaking and reasoned order. He shall dispose of the application within a period of 15 days from the date of receipt of this order. : 3 : 4. Writ Petition, accordingly, stands disposed of. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]