1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2551 OF 2009 Ratandeep Cosmopolitan Co-Op. Hsg. Soc. Limited. .. Petitioners V/s. The State of Maharashtra & Ors. .. Respondents .... Mr. D.V. Dhodatkar for the Petitioners. Mr. Pradip Jadhav, A. G. P. for Respondent-State. .... CORAM : S. J. KATHAWALLA, J. DATE : JANUARY 11, 2010. P.C. Heard learned Advocate for the parties. 2. Rule. Rule made returnable forthwith by consent. The A.G.P. waives service for Respondent Nos. 1 and 2. 3. The impugned order dated 6th July, 2009 is passed by the Deputy Registrar, Cooperative Societies, K/W Ward, Mumbai, dismissing the Recovery Application of the Petitioner Society. 2 Admittedly the impugned order is passed without considering the circular dated 2nd November, 2002 issued by Respondent No. 1 regarding handling of complaints against the members who do not pay monthly maintenance charges. 4. In view thereof, the impugned order dated 6th July, 2009 is quashed and set aside. The matter is remanded back to the Deputy Registrar Cooperative Societies, K/W Ward, Mumbai for a rehearing and passing of fresh orders after giving notice to the parties and after taking into consideration the contentions of the parties including the circular dated 2nd November, 2002. 3. The Writ Petition is, accordingly, disposed of. [ S. J. KATHAWALLA, J. ]