1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.4554 OF 2009 Ashok s/o Deoram Chavan .. Petitioner Versus The State of Maharashtra and ors. .. Respondents Shri V.B.Patil, Advocate for petitioner Shri K.B.Choudhari, AGP for respondent No.1 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 20th August 2009 PER COURT : 1 This is a petition under Article 226 of the Constitution of India by which the petitioner takes exception to the initiation of the proceeding No. 946 of 2009 under Section 101 of the Maharashtra Co-operative Societies Act, 1960 pending before respondent No.1 i.e. Assistant Registrar, Co- operative Societies, Parola, Taluka Parola, District Jalgaon. 2. According to the petitioner, the earlier proceedings filed under Section 101 had culminated in the passing of the order dated 25.10.2005 and consequently, the subsequent proceedings under Section 101 of the Maharashtra Co-operative Societies Act are not maintainable. It is also stated before us that the petitioner has appeared before the Assistant Registrar, Co-operative Societies, Parola, Taluka Parola, District Jalgaon and has submitted an objection to the maintainability of the said proceedings. We are informed that the aforesaid application is pending consideration before the Assistant Registrar, Co-operative Societies, Parola, Taluka Parola, District Jalgaon. 2 3. Since the aforesaid application is pending consideration, we refrain from making any observations on the merits of the matter. Suffice it to say that the earlier proceedings were discharged on account of certain understanding being arrived at between the Bank and the petitioner in respect of payment of the outstanding dues. Since the application is pending before the Assistant Registrar, in which the petitioner has challenged the maintainability of the proceedings, we refrain from deciding the issues raised in this petition on merits. The aforesaid submissions would be available to the petitioner to be urged before the Assistant Registrar, Co-operative Societies, Parola, Taluka Parola, District Jalgaon at the time of consideration of his objection. 4. In the light of that, therefore, this writ petition is dismissed with no order as to costs with liberty to the petitioner to urge the aforesaid contention before the Assistant Registrar, Co-operative Societies, Parola, Taluka Parola, District Jalgaon. 5. Copy of this order duly authenticated by the Court Sheristedar be provided to the learned Counsel for the petitioner to act upon. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) vvr/4554.09wp