1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8879 OF 2009 Javed Shaikhlal Mulani and ors .. Petitioners -versus Commissioner of Co-operation and Registrar of Co-operative Societies and ors .. Respondents Mr. Prasad S. Dani, for the petitioner. Ms. P. S. Cardozo, AGP for respondent Nos l & 2 CORAM: D.B. BHOSALE, J DATED: 16th October, 2009 P.C. 1. Leave to delete respondent No.3. Amendment to be carried out forthwith. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent of the learned counsel for the parties, the petition is taken up for hearing and final disposal at the admission stage itself. 3. Heard Mr.Dani, learned counsel for the petitioners and learned AGP for respondent Nos l & 2. Main grievance of the 2 petitioners is that the Deputy Registrar, Co-operative Societies, vide his order dated 5th October, 2009, has closed the matter for orders recording therein that the petitioners do not wish to file any reply to the show cause notice, which, according to petitioners, is not correct. Mr. Dani, submits that as a matter of fact the petitioners had moved an application seeking time to file reply and to produce of certain documents in support thereof. Having considered overall facts and circumstances of the case and the nature of controversy, I am satisfied that this petition can be conveniently disposed of by the passing following order. Order i) If Respondent No.2 Deputy Registrar, has not passed final order till this date, he shall not do so and shall allow the petitioners to file their reply and produce relevant documents. ii) The petitioners are allowed to file their reply and produce documents within a period of three weeks from today. iii) Respondent No.2-Deputy Registrar, shall consider the reply and the documents produced by the petitioners and shall hear the petitioners and pass orders within a period of four weeks therefrom. iv) If the order passed by Respondent No.2 Deputy Registrar is adverse to the petitioners, same shall not be given effect to till 30th October, 2009 to enable the petitioners to challenge the said order in appropriate proceedings. 3 v) It is needless to state that respondent No.2 shall supply a copy of the order if passed already to the petitioners immediately. vi) While passing this order, I shall not be understood to have examined merits of the case. vii)All contentions of the parties are kept open. viii)Rule is disposed of in terms of this order. No costs. (D.B.BHOSALE, J)