Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.768 of 2008 Palm Towers Co-operative Housing Society Ltd. & Ors. ...Petitioners V/s. The Joint Registrar, Co-operative Societies (CIDCO), Navi Mumbai & ors. ...Respondents Mr.A.Y.Brokwala i/by M/s. Dhruve Liladhar & Co. for the Petitioners Mr.C.R.Sonawne, AGP for Respondent No.1 Mr.C.Y.Sawant i/by Nitin Dhumel for Respondent No.2 Mr. V.S.Masurkar, GP for Respondent No. 3 & 4 Sujay Kadam i/by Kadam & Co. for Respondent No.5 CORAM CORAM CORAM : D.K.Deshmukh & : D.K.Deshmukh & : D.K.Deshmukh & N.D.Deshpande, N.D.Deshpande, N.D.Deshpande, JJ JJ JJ 22nd 22nd 22nd April, 2008 April, 2008 April, 2008 P.C. . We have heard Learned Counsel for both the sides. 2. So far as the grievance of the petitioner that respondent no.2 has not handed over complete charge of the affairs of the Society to the elected Managing Committee is concerned, in our opinion that question cannot be enquired into in this writ petition. The Co-operative Societies Act provides a remedy in such situation, therefore, in our opinion it will not be appropriate to make any order in this regard, leaving the petitioner to the remedy that may be available to him under the Co-operative Societies Act. 2 3. So far as the grievance of the petitioner in relation to certain actions of respondent no.2 being contrary to the order made by this Court is concerned, that question also cannot be enquired into in the writ petition and the petitioner will have to adopt appropriate remedy in that regard. So far as the challenge to the show-cause notice issued by the Divisional Joint Registrar dated 31-12-2007, a copy of which is at Exh.M to the petition is concerned, the learned Assistant Government Pleader after taking instructions from the Joint Registrar who is present in the Court states that Joint Registrar withdraws the notice with liberty to issue fresh notice for the same cause, if occasion arises in future. Statement is accepted. 4. The Learned Counsel appearing for the petitioner withdraws prayer (a) too with liberty to file a criminal writ petition in relation to that prayer. Petition disposed of. (D.K.Deshmukh,J) (D.K.Deshmukh,J) (D.K.Deshmukh,J) 3 (N.D.Deshpande,J) (N.D.Deshpande,J) (N.D.Deshpande,J)