1 wp8405-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8405 OF 2011 Deelip Anandrao Pawar & Ors. .. Petitioners V/s. The State of Maharashtra & Ors. .. Respondents ..... Mr. A. M. Kulkarni i/b. Mr. Vaibhav Gaikwad for the petitioners. Mr. Amot Borkar for the Intervenor. Mr. Vijay Patil, AGP for the respondent Nos. 1 4o 3 – State. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 12, 2011. P.C.: Not on board. Taken on board. 2. Heard the learned counsel appearing for the petitioners, Shri Borkar the learned counsel appearing for the intervenor. Shri Borkar states that he has filed a caveat on behalf of the complainant at whose instance proceedings under Section 78 of the Maharashtra Co-operative Societies Act, 1960 have been initiated. This statement is disputed by the learned counsel for the petitioners. 3. The learned counsel appearing for the petitioners on instructions states that till today the charge is not taken over by the Administrator. The correctness of the said statement is 2 wp8405-11 disputed by the Mr. Borkar, the learned counsel for intervenor. 4. The Appellate Authority has rejected the application for stay in substantive Appeal preferred by the petitioners for challenging the drastic order of appointment of Administrator under Section 78(1) of the said Act. The Appeal has been kept for hearing. 5. I have also heard the learned AGP appearing for the respondent Nos.1 to 3. 6. For challenging the impugned order, a remedy is available under Section 154 of the Maharashtra Co-operative Societies Act, 1960. Hence, the petition need not be entertained. To enable the petitioner to avail of the said remedy, a limited protection deserves to be granted. 8. Hence, petition is disposed of by keeping open the remedy of revision under Section 154 of the said Act. 9. If the Administrator has not taken the charge till today, he shall not take over the charge for a period of six weeks from today to enable the petitioners to move the Revisional Authority. 10. The Appellate Authority shall proceed with the Appeal 3 wp8405-11 without being influenced by this order and shall be free to decide the Appeal on merits. 11. All contentions of the parties on merits are kept open. (A.S.OKA, J.)