ash 1 wp-4913.97 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.4913 OF 1997 Raigad District Central Co-operative Bank Limited. .. Petitioner Vs Asstt. Registrar, Co-operative Societies, Panvel, and Others. .. Respondents -- Shri C.G. Gavnekar for the Petitioner. Shri S.D.Rayrikar, AGP for Respondent Nos.1 to 3. -- CORAM ; A.S. OKA, J DATED : 22ND AUGUST, 2011 P.C. . Called out for final hearing. Heard the learned counsel appearing for the Petitioner and the learned AGP for Respondent Nos.1 to 3. The Co-operative Society by the name Colaba (Raigad) Zilla Krushi Audhyogik Sahakari Sanstha Limited (hereinafter referred to as “the said Society”) executed a possessory mortgage in respect of the property in question in favour of the Petitioner bank by way of security for repayment of loan of Rs.12,00,000/-. The Petitioner bank is relying upon a Resolution passed by the said Society on 2nd June, 1989 by which it was resolved that the said Society was not in a position to repay the loan granted by the Petitioner and therefore, it was resolved to transfer the mortgaged property to the Petitioner. In the year 1989, the Petitioner Bank had taken over the said property as non-banking assets towards repayment of the liability of the ash 2 wp-4913.97 Board. It appears that the said Society was ordered to be wound up and the Liquidator was appointed by the Registrar. The Liquidator (4th Respondent) issued communication dated 20th September, 1997 to the Petitioner directing the Petitioner to hand over possession of the said property on the ground that under Section 83 of the Maharashtra Co-operative Societies Act, 1960, the Liquidator was empowered to possess the property of the Society in liquidation. 2. The learned counsel appearing for the Petitioner has filed an affidavit dated 18th August, 2011 of Mr. Pradeep Krushnaji Naik, the Chief Executive Officer of the Petitioner. The said affidavit is taken on record and marked “X” for identification. To the said affidavit, an order passed by the District Deputy Registrar of the Co-operative Societies on 4th May, 2009 has been annexed. By the said order passed in exercise of powers under Section 21 of the said Act, the Deputy Registrar has cancelled the registration of the said Society. In view of this subsequent event, the 4th Respondent cannot exercise any power as the Liquidator. Only on this ground alone, the impugned communication/order will have to be quashed and set aside. Accordingly, the Rule is made absolute in terms of prayer clause (a). There will be no orders as to costs. 3. Civil Application No.2211 of 2004 does not survive and the same is disposed of. ( A.S. OKA, J )