IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 1960 OF 2009 WRIT PETITION NO. 1960 OF 2009 WRIT PETITION NO. 1960 OF 2009 1. Bharat Tukaram Bhalke & 24 ors. ] .. Petitioners Versus 1. The Regional Joint Director of Sugar] Pune Division & anr. ] .. Respondents Mr. Shrihari Aney, senior counsel with Mr. R.R. Govilkar and S.B. Khurjekar i/b Sarang Aradhye for the petitioners. Ms. Jyoti Pawar, Addl. G.P. for the respondents. Mr. Machhindra Patil for the Intervenors. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 4TH FEBRUARY, 2009 P.C. : 1. Heard learned counsel. 2. The petitioners are the Chairman and Directors of Vitthal Sahakari Sakhar Karkhana Limited, Venugaon, Taluka Pandharpur. A show cause notice under section 78 of the Maharashtra Cooperative Societies Act, 1960, dated 14th January, 2009, has been issued by the Regional Director of Sugar, Pune. The said notice has been challenged by the petitioners. In our view, since : 2 : the enquiry is not complete and final order under section 78 of the said Act has not been passed, the challenge to such notice at this stage cannot be entertained. Further, the alternate remedy of appeal and revision are available to the petitioner as against the said order. 3. However, learned counsel for the petitioners submitted that he is before this court seeking an alternate relief. He submitted that if any adverse order is passed against the petitioners in the proceedings under section 78, the respondents may not grant sufficient time to them so as to prepare the appeal and obtain interim orders protecting them and the respondents will try to take possession of the Karkhana through the Administrator. He, therefore, submitted that an interim protection should be granted to the petitioners viz. that if any adverse order is passed, the respondent shall not execute the said order for a period of 15 days from the date of service of such order on the petitioners. 4. In view of the facts pleaded in the Petition, we find substance in the contentions raised. We, therefore, proceed to pass the following order: : 3 : O R D E R : (a) The petitioner shall participate in the proceedings under section 78 and the respondent No.1 shall complete such proceedings under section 78 of the Maharashtra Cooperative Societies Act, 1960, in accordance with the procedure prescribed in law. (b) Every opportunity shall be given to the petitioners in putting up their say and contentions before the respondent- authority who is dealing with the proceedings under section 78 of the said Act. (c) While passing the order, the respondent No.1 shall pass a well reasoned speaking order dealing with all the contentions raised by the petitioners. (d) If any adverse order is passed by the respondent, it shall be communicated by registered post A/D to each of the petitioner and the said order shall not be executed for a period of two weeks from the date of : 4 : service of the order on each of the petitioner. (e) If it is found that the petitioners are avoiding service of the order, the service of the order on the Managing Director of the Karkhana shall be treated as final service on each of the petitioner. If, for any reason, the Managing Director is not available then service by pasting of the order on the Karkhana shall be treated as service on each of the petitioner. 5. Writ Petition, accordingly, stands disposed of. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]