1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR M.C.A.NO.701/2010 IN C.A.O.NO.547/2010 IN REJ.M.C.A.NO.233/2010 IN REJ.W.P.NO.203/2010. Pahalarai Jivatram Jawaharmalani -: VERSUS :- Special Recovery Officer and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 17, 2010. Heard Shri J.B. Gandhi, learned Counsel for applicant. In view of the difficulties expressed, order dated 26.04.2010 are recalled and C.A.O.No. 547/2010 with Rejected M.C.A.No.233/2010 is restored back to file. …........ The learned Counsel is heard on C.A.O.No.547/2010 and Rejected M.C.A.No. 233/2010. For reasons disclosed on affidavit, the order dated 22.03.2010 refusing registration of Rejected Writ Petition No. 203/2010 are recalled and Writ Petition is restored back to file. ….......... 2 Heard learned Counsel on merits of Writ Petition with consent. Grievance made by learned counsel is that, though unreported judgment of this Court in Writ Petition No. 6836/2008 dated 04.02.2009 was pointed out to Appellate Court, the Appellate Court has still not implemented it and continued the seal on the property of petitioner. Learned Counsel contends that said judgment was directed to be circulated by the Hon'ble High Court to all and the Recovery Officers functioning under the Maharashtra Cooperative Societies Act do not have power to seal the premises of petitioner. He has invited attention to the impugned order dated 11.01.2010 passed by the learned District Judge, Akola below Exh.5 in Misc. Civil Appeal No.121/2009. He points out that the trial Court had by its order directed removal of seal and that order is questioned by the Recovery Officer in Misc. Civil Appeal No.121/2009. He further states that though from 11.01.2010 till date there is no stay to the proceedings before the Appellate Court, the Misc. Civil Appeal has not been heard or decided. With his assistance, I have perused the order dated 11.01.2010. The learned Principal District Judge has 3 noticed judgment delivered in Writ Petition No. 6836/2008 and has expressed some doubts. Those doubts are not decided and it is apparent that the same are to be looked into at the stage of final hearing. Period of more than 7 months has expired after said order. In this situation, I find that interest of justice can be met with by directing the Principal District Judge, Akola to decide the Misc. Civil Appeal No.121/2009, as early as possible and in any case by 15.10.2010. Petitioner shall cooperate with the Appellate Court in expeditious disposal of the appeal. With this direction, Writ Petition is disposed of with no order as to costs. JUDGE Rgd.