:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 345 OF PETITION NO. 345 OF PETITION NO. 345 OF 2009 2009 2009 Dilip Govind Jhangiani. ... Petitioner. V/s. State of Maharashtra & Ors. ... Respondents. Mr. R. Narula a/w. D.D. Mehta i/b. D.M. Legal for the Petitioner. Mr. S. Pandit for Respondents 1 to 3. Mr. H. Toor a/w. Mr. C. Dasgupta i/b. S.M. Khaire for Respondent No.9. Respondent Nos. 4 to 8 and 10 present in person. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 26TH 26TH 26TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . The Petitioner is residing in a building known as "Atur Terraces" situated at 19-A, Cuffe Parade, Mumbai. This is a Co-operative Housing Society Registered under the Maharashtra Co-operative Societies Act, 1960. It is Respondent No.10 before me. 2. The Petitioner had some grievance against the existing Managing Committee Members which was brought to the notice of the authorities exercising powers under the Maharashtra Co-operative Societies Act, 1960. The grievance is that due cognizance was taken and a Notice under Section 78 of the said Act was issued. However, the proceedings were withdrawn by an order dated 19th March 2008, copy of which is at pages 81 to 87. 3. Aggrieved by this order, the Petitioner has preferred an Appeal which is pending before the Divisional :2: Joint Registrar without any adjudication. 4. The grievance of the Petitioner is that the term of the Managing Committee would come to an end this year in July - August 2009 and before that action must be initiated or else the Administration and Management of the Co-operative Housing Society will not be carried on in accordance with co-operative principles. It is brought to my notice that Respondent NO.9 also made an application, copy of which is at Exhibit K to the Petition dated 7th January 2009, invoking the powers of under Section 73(1)(AB) and Section 71(a) of the said Act. Even the grievance of Respondent No.9 has not been redressed. 5. Mr. Pandit, learned A.G.P. is appearing on notice, for Respondent Nos.1 to 3. Some of the parties are appearing in person. They are the existing managing committee members. 6. The Petition can be disposed off on the statements made by Mr. Pandit, after taking instructions, from Respondent Nos.1 to 3. 7. Mr. Pandit makes a statement that the pending Appeal preferred by the Petitioner will be heard and disposed off by the Divisional Joint Registrar (Respondent No.3) as expeditiously as possible and in any event by 31st March 2009. :3: 8. All contentions of the Petitioner as well as that of the other parties to the appeal are kept open. 9. Similarly, the Deputy Registrar, ‘A’ Ward, Co-operative Societies, should take note of the grievance made by Respondent No.9 vide Exhibit ‘K’/Application dated 7th January 2009 and must pass appropriate orders thereon after hearing the said Respondent and other affected parties. His orders may also be delivered as expeditiously as possible and in any event by 15th April 2009. All contentions of the Petitioner, Respondent No.9 and others even in these proceedings are kept open for being raised before the Deputy Registrar. 10. As far as the grievance with regard to a fraud being perpetrated on the Society is concerned, if any proceedings are initiated and/or are pending, they shall also continue without in any manner being influenced by the disposal of this Petition. 11. All pleas and contentions even in the said proceedings are kept open. Parties will appear before the Divisional Joint Registrar (Respondent No.3) on 9th March 2009 at 11.00 a.m. The Petition is disposed off. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)