dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE CIVIL JURISDICTION SIDE CIVIL JURISDICTION SIDE CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.916 OF 2009 PETITION NO.916 OF 2009 PETITION NO.916 OF 2009 Anup K. Gupta .. Petitioners Vs. 1. Deputy Registrar Co-operative Societies, and ors. .. Respondents Mr.R.A.Thorat with Mr.V.K.Gupta for the petitioners. Mr.P.P.Kakade, AGP for respondents 1 and 2. Mr.C.P.Deogirikar for respondent no.3. CORAM CORAM CORAM : : : ANOOP V.MOHTA,J ANOOP V.MOHTA,J ANOOP V.MOHTA,J. DATED DATED DATED : 24th March, 2009. : 24th March, 2009. : 24th March, 2009. P.C. P.C. P.C. The petitioners have challenged the impugned order whereby both the Authorities below held that the petitioners failed to comply with the requirement of Section 73 (1AB) read with Rule 58-A of the Maharashtra Cooperative Societies Act and the Rules. 2. There is a bond on record called "Indemnity Bond". The requirement of law is to file a bond in Form M-20 (Rule 58-A). The averments mentioned in the bond are sufficient to cover the contents of the same. There is no much dispute on that issue. However, it was not accepted on the ground that it was on the stamp paper ( 2 ) of Rs.100/- instead of Rs.200/- as contemplated under the Bombay Stamp Act. The Division Bench of this Court in Gulam Rameshnath Khote vs. State of Gulam Rameshnath Khote vs. State of Gulam Rameshnath Khote vs. State of Maharashtra Maharashtra Maharashtra & ors., 2008 (2) AIR Bom. R 415, & ors., 2008 (2) AIR Bom. R 415, & ors., 2008 (2) AIR Bom. R 415, has dealt with the issue in the following words: "12. It is tried to be suggested on behalf of the petitioner that though the member is required to execute a bond there is no clear cut provision indicating as to the value of the stamp on which the bond is to be executed. Firstly, it must be noted that the bond contemplated under this provision only means binding agreement. So, it need not be on the basis of the assets of the society or the financial position of the society. Schedule I of the Bombay Stamp Act, 1958, lays down the stamp duty required to be paid in respect of different bonds. As described in Clause 5(B) of the said Schedule when the stamp duty paid for particular agreement is not otherwise provided in the schedule then the proper stamp duty is Rs.100. So, there is no substance in the argument advanced by the learned advocate for the petitioner that there is some lacuna in the provision of the said Act and Rule 58." 3. It is not the case that they have not submitted the form within prescribed form from the date of election. The only objection which was raised in the basic order is that it was not as per the requirement of law & the requisite stamp was not paid. The Appellate Court, however, gave more reasons while dismissing the Appeal while maintaining the order dated 27.05.2008 which includes non-availability of documentary evidence regarding the date on which the elections were held of the Managing Committee members ( 3 ) in question. That was not the round when the basic order was passed by the Deputy Registrar as referred above. 4. This Court has already while issuing notice granted ad-interim relief in terms of prayer (b). In the result, an Administrator as appointed under Section 78(1) of the MCS Act could not take further action. The said order is in force since then. 5. The term of the Managing Committee is already expired. 6. The learned counsel for respondent no.3 submits that the election of the society should be held as early as possible. He has no objection if the election of the society is held by any Officer of the respondent/Department. 7. In view of this, at this stage, without going further into the merits of the matter, it is desirable that the election of the society be held by following due procedure of law by the Deputy Registrar of Cooperative Societies or such other officer appointed. This order is by consent of the parties. ( 4 ) 8. Writ petition is accordingly disposed of in the above terms. No costs. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)