1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6955 OF 2010 Anand B.Gupta .. Petitioner V/s Rupee Co-op.Bank Ltd & Ors. .. Respondents Mr.Amit Borkar for the Petitioner. Mr.Prashant Naik for Respondent No.1. Mr.R.M.Patne, AGP for Respondent No.3. CORAM: A.S.OKA, J. DATE: 15TH OCTOBER, 2010. P.C.: 1. Heard learned counsel appearing for the petitioner, learned counsel appearing for the 1st Respondent and the learned AGP appearing for the State Government. 2. The only contention raised by the petitioner is that the appeal preferred by the petitioner could have been treated as a revision application under section 154 of the Maharashtra Co-op.Societies Act, 1960 (hereinafter referred to as “the said Act”). 3. The learned counsel appearing for the 1st Respondent pointed out that the auction has been held and the sale certificate was issued on 27th July, 2010 and the same has been duly registered. 4. The impugned order itself holds that the revision application 2 under section 154 of the said Act ought to have been filed. The Divisional Joint Registrar could have given an opportunity to the petitioner to the convert appeal into a revision application. 5. Learned counsel appearing for the petitioner seeks permission to convert the appeal into a revision application. Permission deserves to be granted. However, in view of completion of auction sale, ad-interim relief granted by this Court cannot be continued. 6. Petition is disposed of by passing the following order:- (a) The impugned order dated 23rd June, 2010 is set aside and the Appeal No.154 of 2009 is restored. (b) The Divisional Joint Registrar will permit the petitioner to convert the appeal into a revision application under section 154 of the said Act. Revision Application shall be decided in accordance with law. (c) Petition is disposed of in the aforesaid terms, with no order as to costs. (A.S.OKA, J.)