1 1 1 IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7940 OF 2004 WRIT PETITION NO.7940 OF 2004 WRIT PETITION NO.7940 OF 2004 Bharat Gandhi .. Petitioner Vs. The State of Maharashtra & Ors. .. Respondents. None for the petitioner. Mr.Abhay Abhyankar with Mr.Kishore Dalal with Mr.Surindra Chaturvedi i/b Chaturvedi & Associates for respondent nos.3 to 12. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 25TH FEBRUARY, 2005 DATED : 25TH FEBRUARY, 2005 DATED : 25TH FEBRUARY, 2005 P.C.: . Heard Mr.Abhyankar, learned counsel for the respondent nos.3 to 12. 2. None appears for the petitioner. This petition is directed against the order dated 31.5.2004 passed by the Deputy Registrar, Co-operative Societies, D/Ward, Mumbai in the proceedings under section 78 of the Maharashtra Co-operative Societies Act, 1960 (for short ‘the Act’). Mr.Abhyankar, learned counsel for respondent nos.3 to 12 submitted that the order impugned in the instant petition is appealable under section 152 of the Act, and, therefore, he prayed for disposal of 2 2 2 this petition with liberty to the petitioner to file an appeal subject to their right of raising objection as to limitation. From the perusal of the impugned order as also of section 152 of the Act, it is clear that the petitioner has filed this petition without exhausting a remedy of appeal. Keeping that in view this petition is disposed of with liberty to the petitioner to file the appeal under section 152 of the Act. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)