IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ petition (Ld) No.838 of 2008 1. Ravindra Murlidhar Gurav and others ..Petitioners Vs. 1. Divisional Joint Registrar Cooperative Societies and ors. ..Respondents Mr.J.S.Kini i/b Mr.Suresh Dubey for petitioners. Mr.Pradeep Jadhav, A.G.P. for respondent nos.1 and 2. Mr.Ajit I.Patil for respondent nos. 3 and 5 Ms.Ranjita B.Dube for respondent nos. 9 to 11. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 22nd April, 2008 22nd April, 2008 22nd April, 2008 P.C. P.C. P.C. 1. Divisional Joint Registrar, Cooperative Societies, Mumbai Division has passed the order on 11th February, 2008 in the following terms. "1. Appeal is hereby disposed off. 2. The impugned order dated 20.12.2007 passed by Assistant Registrar, Cooperative Societies, E Ward, Mumbai is hereby modified and Board of Administrator of following 3 members is appointed in place of Administrator. (1) Mustafa Patanwala (2) Sakina I.Companywala (3) Shamshad Anwar Ansari 3. Board of Administrator are directed to take election expeditiously to constitute managing committee as per Bye-laws. Sd/- (Mahendra Kalyankar) Divisional Joint Registrar Coop.Societies, Mumbai Dn Dated 11/2/2008 Mumbai. 2. When this matter was placed before the learned Single Judge (A.S.Oka J.) on 8th April, 2008, the relevant file and the original record was called for. Respondent nos. 6 to 8 and the petitioner is alleged to have consented to the order of the Divisional Joint Registrar but the learned Single Judge has expressed a prima facie opinion that the petitioners have not consented to the appointment of the Administrator. 3. In such circumstances, I called upon the contesting respondents to make a statement as to whether the appeal can be reheard after quashing and setting aside the impugned order and both sides agree that such a course of action be adopted. 4. In the light of the agreement before me and the parties having agreed to set aside and quash the impugned order, it is directed that the order passed on 11th February, 2008 by the Divisional Joint Registrar, Cooperative Societies, Mumbai Division, Mumbai is quashed and set aside. The appeal is restored to its file for decision afresh on merits and in accordance with law without being influenced by the earlier observations. The parties to appear before the Appellate Authority on 30th April, 2008 and he shall endeavour and dispose of the appeal within a period of six weeks from the date of appearance. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)