:1: :1: :1: srp. HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1179 OF 2009. WRIT PETITION NO. 1179 OF 2009. WRIT PETITION NO. 1179 OF 2009. Shri. Nandkumar Balkrishna Mali & Others...Petitioners. Versus. Joint Registrar, Co-operative Societies, Kolhpaur & Ors. ..Respondents. --- Mr. Umesh Mankapure for the petitioner. Mr. V. S. Gokhale, A.G.P. for the Respondents. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE: February 18, 2009. DATE: February 18, 2009. DATE: February 18, 2009. P.C. P.C. P.C. 1. Heard. By this petition the petitioner has sought transfer of Revision Application No. 476 of 2008 along with the Delay Condonation Application from the Joint Registrar, Co-operative Societies, Kolhapur to any other authority in the State of Maharashtra. The ground for transfer as has been carved out by the petitioner is that earlier the respondent no.3 society had filed an application under section 101 of the Maharashtra Co-operative Societies Act, 1960 for getting a certificate for recovery. That application was rejected by the District Deputy Registrar-respondent no.2 herein. Thereafter a review petition was filed by the society and the said review petition was heard without giving an :2: :2: :2: opportunity to the petitioner and it was allowed. Thereafter the petitioner again made a representation to the District Deputy Registrar and the District Deputy Registrar after hearing the petitioner allowed the representation and set aside the order granting certificate in favour of the society. It appears that thereafter the society has not challenged the said order. Thereafter the Administrator has been appointed on the respondent no.3 society and the District Deputy Registrar is the Administrator. . Now it is alleged that the Deputy Registrar who happens to be the Administrator has filed the Revision Application before the Joint Registrar, Co-operative Societies. Allegation is that the said revision application is filed at the oral instructions of the Joint Registrar. On that ground the transfer of the proceeding has been asked for. There is nothing on record to infer that the oral directions were given. On the contrary the Administrator who has taken the charge of the society found that the earlier Managing Committee has not taken the steps to challenge the order which was against the interests of the society as a result of which the society suffered in the matter of recovery of loan and therefore he has filed the revision application. Under these circumstances we do not find that there is any cause to transfer the matter. Whatever submissions on merits the petitioner desires to make he can make it :3: :3: :3: before the Joint Registrar and Joint Registrar can deal with those submissions. We are therefore not in favour of transferring the matter from the Joint Registrar, Co-operative Societies, Kolhapur to any other authority. However, by way of an abundant precaution, we give following directions to the Joint Registrar while rejecting this petition. The Joint Registrar, Co-operative Societies, Kolhapur who would hear Revision Application No. 476 of 2008 and delay condonation application shall hear it on merits. He shall first hear the delay condonation application after obtaining a reply of the petitioner. Thereafter he shall pass a speaking order. In case the delay condonation application is allowed, the revision shall be heard on merits. He shall record whatever submissions made on either sides and decide revision by speaking order. 2. With these directions the petition is disposed of. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)