1 wp5063 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5063 OF 2011 Dinesh Sitaram Shetty & Ors. ...Petitioners vs. Paras-Ashiana Co-op Society Ltd. & Ors. ...Respondents Mr.S.S.Kudalkar for the Petitioners Mr.Raju Thakkar for the respondent no.3 Mr.Atul Tungare for respondent nos.4 to 8 CORAM : A.S.OKA,J. DATE : JULY 13, 2011 P.C.: 1 Heard the learned counsel for the petitioners. Petitioners in this petition under Article 227 of the Constitution of India are respondent nos.2 to 4 in a dispute under section 91 of the Maharashtra Co-operative Societies Act,1960 filed by the respondent nos.3 to 8. In the said dispute, order of interim relief was passed on 18 th April 2011 which reads thus : 1 Application for interim relief is allowed. 2 Opponents No.2 to 4 are hereby restrained from acting as office bearers of the Opponent society till decision of the present dispute. 3 Opponent society is restrained from proceeding towards redevelopment till disposal of this dispute. 4 Opponent society is restrained from imposing penalty upon the Disputants till disposal of main dispute. 5 The liberty is given to the Opponents no.2 to 4 as well as the Disputants to approach the Registrar for appointment of Administrator who can hold the election by completing all the formalities. 2 An Appeal was preferred by the petitioners for challenging the said order before the Co-operative 2 wp5063 Appelalte Court. By the impugned order, application for stay of the operation of the order of the Co-operative Court has been rejected. The Appeal is pending for final hearing. 3 After having heard the learned counsel for the petitioners, I find that no case is made out for interference. Even according to the petitioners they are not office bearers of the society. Therefore, clause (2) of the operative part will not hurt the petitioners. As far as clauses (3) and (4) of the order of the Co- operative Court are concerned, grant of stay of operation of the order of the Co-operative Court will virtually amount to granting final relief in the Appeal even before it is heard finally. As far as clause (5) is concerned, the Co-operative Court has granted liberty to the petitioners as well as to the original disputants to move the Registrar for appointment of Administrator to hold election. It is merely a liberty granted to the parties. There is no reason to stay that part of the order. 4 Subject to what is observed above, no case is made out for interference. Petition is rejected. 5 However, it is made clear that all contentions of the parties in the pending Appeal are expressly kept open and the Appeal shall be decided on its own merits without being influenced by the impugned order and confirmation thereof by this Court. JUDGE