:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8492 OF 2006 Silver Star CHS Ltd. ..Petitioner Vs. Star Builders and ors. ..Respondents Mr. Sanjay Jain with Mr. H.S. Venegavkar for petitioner. Mr. Anil Singh with Mr. D.R. Shah for respondent no.1. Mr. S.D. Rayrikar, AGP for respondent no.2. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 29, 2008. Date : April 29, 2008. Date : April 29, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the respective parties. Perused the original R & P. 2. It is evident from the record that the present respondent no.1 had filed a revision application rather than an appeal against the order passed by the Assistant Registrar under Section 9(1) of the Maharashtra Co-operative Societies Act, 1960. The said order was passed on 18/8/2006. Section 9A of the Act deals with the Registration of the society and the :2: petitioner-society was granted registration by the said order dated 18/8/2006. If the respondent-builder/developer wanted to challenge the said order passed under Section 9(1) of the Act, his remedy was not by filing an application under Section 21-A but his remedy was to file an appeal under Section 152 of the said Act before the Divisional Joint Registrar. The orders passed under Section 9 cannot be challenged by filing an application under Section 21-A of the Act and, therefore, the Divisional Joint Registrar was in error in treating the said application either as a revision application or an appeal. Even in the impugned order the Divisional Joint Registrar at some places has referred to the proceeding before him as an application and in some other parts of the order as an appeal. This is a serious error in law and the Divisional Joint Registrar could exercise his powers in adjudicating upon the order passed under Section 9(1) of the Act only by way of an appeal under Section 152 of the Act and not otherwise. 3. Hence, on this limited ground itself the :3: impugned order is not sustainable and the same is hereby quashed and set aside. The proceedings filed before the Divisional Joint Registrar and termed as an application under Section 21-A of the Act are hereby restored to the file of the said authority. Leave to amend the said application so as to convert into an appeal under Section 152 of the Act is hereby granted to the present respondent no.1. Such an amendment shall be carried out on or before 15/6/2008 and reply thereto, if so desired, shall be filed by the present petitioner before 30/6/2008. The amended appeal shall heard and decided by the Divisional Joint Registrar preferably by 31/8/2008 on its own merits and without being influenced by the earlier order, which has been set aside. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)