1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6916 OF 2009 Subhash Ratanchand Shah : Petitioner. Versus The District Deputy Registrar, Co-op. Societies, Solapur & Anr. : Respondents. WITH WRIT PETITION NO.6917 OF 2009 Rahul Subhash Shah : Petitioner. Versus The District Deputy Registrar, Co-op. Societies, Solapur & Anr. : Respondents. Mr.Surel Shah for the Petitioners. Mr. V P Malvankar, AGP, for the Respondent Nos.1 and 2. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 10th August 2009 P.C. 1. Rule. Rule with consent of the parties made returnable forthwith. Heard the learned counsel for the parties. 2 2. The Petitioner in Writ Petition No.6916 of 2009 is the Chairman and the Petitioner in Writ Petition No.6917 of 2009 is the Director of Ratanchand Shah Co-operative Bank Ltd. Mangalwedha. A notice under Section 78(1) of the Maharashtra Co-operative Societies Act, 1960 has been issued by the Respondent No.1-District Deputy Registrar, Co-operative Societies, Solapur to both the Petitioners. By the above Petitions, the Petitioners have approached this Court for seeking a protection on the apprehension that no appropriate opportunity and inquiry will be conducted by the Respondents and immediately operative order removing the Petitioners would be passed against the Petitioners. However, Mr.Malvankar, the learned AGP for the Respondents states that an inquiry in accordance with law would be conducted by the Respondents and a fair and reasonable opportunity would be afforded to the Petitioners. 2. Taking into cosideration the facts and circumstances we direct the District Deputy Registrar as follows :- (A) That the inquiry under Section 78(1) of the Maharashtra Co- operative Societies Act, 1960 shall be carried out by the concerned District Deputy Registrar i.e. the Respondent No.1 in accordance with the 3 provisions of the said Act and Rules after giving appropriate opportunity and hearing to the Petitioners and thereafter he shall pass a reasoned order. (B) In case adverse order is passed by the Respondent No.1 against the Petitioner, the said order shall not be implemented for a period of two weeks thereafter. (C) The Respondent No.1 to communicate the decision to the Petitioners immediately so that the Petitioners can avail the remedy of approaching appropriate forum against the said order if need be. (D) We direct the Respondent No.1 to complete the said inquiry within a period of four weeks from today. 3. Petition is allowed by making the Rule absolute to the aforesaid extent. [R.M.SAVANT, J] [S.B.MHASE, J]