1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.896 OF 2007 IN WRIT PETITION NO.6576 OF 2007 Sandeep Gupte & Anr. .. Applicants Versus State of Maharashtra & Ors. .. Respondents Mr.V.C.Ghosalkar for applicant Ms.V.C.Mhaispurkar, A.G.P. for State Mr.N.K.Singh for respondent Nos. 5 to 8 CORAM : S.C.DHARMADHIKARI, J. DATE : 30th April 2008 P.C. . The apprehension expressed in the application is that the order passed by this Court on 25th January 2008 has not been complied with. This Court had ordered and directed that the Dy.Registrar, C.S.Kalyan shall not act as an Administrator and any Dy.Registrar, other than, 2 this authority can step in as Administrator. Accordingly, an affidavit is filed by Mr.Vilas Gawade, Dy.Registrar, Thane and he has stated that in pursuance of the order passed by this Court, appointment of Administrator has been made and he has taken charge as Administrator of the subject Coop.Society. 2. My attention is invited to the orders passed by the Dy.Registrar, Kalyan on 14th February 2008 and 4th March 2008 and it is contended that these orders are passed by the Dy.Registrar, Kalyan who had no authority to function as an Administrator after the appointment was cancelled by this Court. 3. After perusal of the civil application and the annexures thereto, so also, the affidavit in reply, it is clear that the orders passed by the Dy.Registrar, Kalyan are without any authority of law and, therefore, non est and are 3 set aside. That apart, all that was intimated to the concerned persons was that the order passed by the Court should be complied with and they should hand over the records to the Administrator. 4. Now, the Administrator who has been appointed pursuant to the order passed on 19th March 2008 would be the Administrator of the society. He shall have powers as are stipulated in the orders passed by this Court and he must comply with the same. To enable him to hold elections, it is needless to state that he is at liberty to exercise all such powers for taking charge of the affairs and administer the same as per the order of this Court. He should also seek necessary police assistance and seize all records from whomsoever he has to, in terms of the Court’s order. 5. Thus, even if the applicants - original 4 petitioners have the records and they do not hand over the same, the Administrator shall have powers to use such force as is permissible in law. Further, it does not require any clarification that the Administrator must also take possession of the records, if they are in the custody of ex-Chairman or any other person, who claim to have been managing the affairs of the society. 6. In the light of the above C.A.does not survive and disposed of accordingly. (S.C.Dharmadhikari, J)