vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6770 OF 2008 WRIT PETITION NO.6770 OF 2008 WRIT PETITION NO.6770 OF 2008 V.J. Parekh & Anr. ... Petitioners V/s. The State of Maharashtra & Ors. ... Respondents Mr.Y.S. Jahagirdar for Petitioners Mr.S.R. Nargolkar, AGP, for Respondent Nos.1 to 4 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: NOVEMBER 26, 2008 NOVEMBER 26, 2008 NOVEMBER 26, 2008 P.C.: P.C.: P.C.: . The petitioners have challenged the interim order passed by the State appointing a Liquidator to take charge of the management of the affairs of the society. They have also impugned the final order dated 24.7.2008 of winding up of the society. Admittedly, no notice was given to the petitioners before the interim order was passed appointing a Liquidator. A statement has been made in the affidavit of the Assistant Registrar in reply to this petition that the provisions of section 102 do not contemplate a hearing for the society before any interim order of winding up is passed. 2. Mr.Jahagirdar, appearing for the petitioner, points out the judgment of the Division Bench of this Court in the case of Chandrapur Zilla Sahakari Krushi and Gramin Bahudeshiya Development Bank Ltd. & etc.etc. v/s. State of Maharashtra & Ors., 2004 (3) Bom.C.R. 2004 (3) Bom.C.R. 2004 (3) Bom.C.R. 889 889 889 wherein it has been held that the principles of : 2 : natural justice must be followed while taking action u/s 102 of the Maharashtra Cooperative Societies Act. It has been observed that though there is no specific provision for hearing before interim orders are passed, there is no provision of appeal against such orders. The Registrar is obliged to communicate the order to the society to explain before the final order confirming the interim orders are passed. The consequences of such an interim order are harsh and drastic and therefore, it virtually amounts to handing over the society to the Liquidator. The Court has observed that such interim orders are no less harmful than the final orders. In these circumstances, the Court observed that a hearing must be afforded to a society even before passing the interim order under section 102. It has been held that in fact the Registrar is dutybound to grant a hearing to the concerned society against which an interim order of winding up is proposed or contemplated. 3. In view of the judgment of the Division Bench in Chandrapur Zilla Sahakari Krushi & Gramin Bahudeshiya Development Bank Ltd. (supra), the petition must be allowed as admittedly, no notice was given to the petitioners nor were they heard before adverse orders were passed. 4. Accordingly, the petition is allowed in terms of : 3 : prayer clause (a).