904wp9900-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9900 OF 2011 1 Khira Nagar Co-operative Housing Societies Association Ltd.. ... Petitioners. V/s. The State of Maharashtra & Ors. ... Respondents. --- Mr. V.P. Sawant i/by Vinod Y. Jadhav for the Petitioners. Mr. R.M. Patne,AGP for Respondent Nos.1 to 3. Mr. Vishal Kanade i /by Jeyesh Vyas for the Respondent No.6. --- CORAM : G.S. GODBOLE, J. DATED : 18TH NOVEMBER, 2011. P.C. : 1 Rule. Rule made returnable forthwith and heard by consent of the parties. 2 Mr. Kanade for the Respondent No.6 and the learned AGP for the Respondent Nos. 1 to 3 waive service of Rule on behalf of the respective Respondents. 3 Heard. Mr. Sawant makes a statement that Respondent No. 5 is supporting the Petitioners since he was not available for seeking 904wp9900-11.sxw 2 instructions he was shown in the array of Respondents. Statement accepted. Considering the nature of the controversy and the order which is to be passed, service of notice on Respondent Nos. 4 & 7 is being waived. 4 It is an admitted position that the Administrator has not yet taken charge of the Petitioner No.1 Society. It is also an admitted position that Appeal No.160/2011 filed by the Petitioners before the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai is pending for final hearing and is fixed for final hearing on 29th November,2011. In this view of the matter and in view of the consensus reached before me, that the Appellate Authority should be directed to hear and decide the Appeal on or before 15th December, 2011 and till then the Administrator be directed not to take charge, the Petitioners are not being relegated to the alternate remedy of the Revision under Section 154 of the MCS Act, 1960. I, therefore, propose to direct the Registrar to dispose off the Appeal No. 160 of 2011 on its own merits without being influenced by the order impugned in the Writ Petition with direction that the interim order will operate in favour of the Petitioner to the effect that the Administrator shall not take charge till the hearing and final disposal of the Appeal and if the out come of the Appeal is adverse to the Petitioners, the 904wp9900-11.sxw 3 Administrator shall not take charge for a period of 10 days from the receipt of such adverse order, which is kept in suspended animation till the disposal of the Appeal. It is also directed that in the meantime, the Petitioners will not take any major policy decisions. It is clarified that the payments of the salary and other recurring expenses for utilities and normal functioning of the Petitioner No.1 Society will not amount to a major policy decision. 5 Rule is made partly absolute in the aforesaid terms with no order as to costs. [G. S. GODBOLE, J.]