: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7948 OF 2008 Ashok Shirsekar & Ors. ... Petitioners V/s. The State of Maharashtra & Ors. ... Respondents Mr.V.C. Ghosalkar for Petitioners Mrs.S.S. Bhende, AGP, for Respondent State CORAM: SMT.NISHITA MHATRE, J. DATED: 1st JULY, 2009 P. C.: 1. The petition challenges the action taken by Respondent Nos.2 and 3 consequent upon which an Administrator has been appointed for the Society. The petitioners’ grievance is that no notice was issued u/s 79(3) of the Maharashtra Cooperative Societies Act to the society before the Administrator was appointed. 2. An affidavit has been filed by the Deputy Registrar, Cooperative Societies in which he states that no records are available/traceable showing whether the notice was served on the society of the hearing pursuant to which action was taken u/s 79(3) of the Maharashtra Cooperative Societies Act. 3. In these circumstances, in my view, it would be appropriate to set aside the impugned order at exhibit C to the petition. The parties shall appear before Respondent No.3 on 15.7.2009. Respondent No.3 to conduct the enquiry u/s 78(1) of the MCS Act in accordance with law. 4. Writ Petition is disposed of accordingly.