1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9596 OF 2009 Arcade India Pvt. Ltd. .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents. Mr.P.O.Verghese for the petitioner. Mr.R.M.Pethe for respondent no.5. Ms.P.S.Cardozo A.G.P. for respondent no.1. Mr.R.M.Khadapkar for respondent no.8. CORAM : D.B. BHOSALE, J. DATED : 19TH DECEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. This petition is directed against the order dated 28.8.2009 passed by respondent no.1, confirming the order dated 24.2.1998 passed by the Joint Registrar, Co-operative Societies. The order of Joint Registrar was passed under section 17(1) of the Maharashtra Co-operative Societies Act, 1960 read with Rule 16(7) of the Maharashtra Co-operative Societies Rules, 1961 allowing the application filed by respondent no.3 – society for its division into seven societies. All the seven societies were, accordingly, registered on 24.2.1998 and since then they have been functioning as independent societies uninterruptedly. Mr.Verghese, learned counsel for the petitioner challenged the impugned order mainly on the ground that procedure 2 contemplated by clause (i) of sub-section (1) of section 17 was not followed. He submits that the petitioner being a creditor, he was not given option as contemplated by this provisions and hence the order is bad in law. The respondent – society does not admit that the petitioner is a creditor. Admittedly, a civil suit filed by the petitioner against respondent no.3 – society i.e. original society, for specific performance of the agreement is pending before the civil court wherein the issue whether he is a creditor is also raised/involved. Keeping that in view and considering overall facts and circumstances of the case and the reasons recorded by respondent no.1 in the impugned order I am not inclined to entertain this petition in writ jurisdiction of this court under Article 227 of the Constitution of India. Hence the petition is dismissed. (D. B. Bhosale, J.)