ash 1 wp-3315.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO. 3315 OF 2011 Yashwant Vividh Karyakari Sahakari (Vikas) Seva Sanstha Ltd., Kolhapur. .. Petitioner Vs Proposed Mahalaxmi Vividh Karyakari Sahakari ( Vikas) Seva Sanstha Maryadit and Others. .. Respondents ­­ Shri Amit B. Borkar for the Petitioner. Shri S.S. Patwardhan for the Respondent No.1. ­­ CORAM ; A.S. OKA, J DATED : 20TH JULY, 2011 P.C. . Heard learned counsel appearing for the Petitioner and Learned counsel appearing for the 1st Respondent. The Petition is taken up for final disposal at the admission stage. 2. The 1st Respondent preferred an Appeal under Section 152 of the Maharashtra Co­operative Societies Act, 1960 ( hereinafter referred to as “the said Act”) before a Divisional Joint Registrar of the Co­operative Societies. As there was a delay in preferring an appeal, the 1st Respondent applied for condonation of delay. By an order dated 10th March, 2011, the said application for condonation of delay was rejected by the Divisional Joint Registrar. Being aggrieved by the ash 2 wp-3315.11 judgment and order dated 10th March, 2011, the 1st Respondent preferred a revision application under Section 154 of the said Act before the 5th Respondent. An application for stay was made by the 1st Respondent in the said revision application. 3. On the application for stay, the following is the impugned order passed by the Revisional Authority:­ “In view of the aforesaid observations I hold that the Applicant has made out strong prima facie case. Balance of convenience is in favour of Applicant. If the stay as sought by the Applicant is not granted, the Applicant will suffer greater hardship. Hence, the execution, operation and implementation of impugned order dt. 10/03/2011 passed by Opponent No.1 is hereby stayed till further orders. The District Central Co­operative Bank Ltd. Kolhapur is to continue its finance to the Applicant till final decision of this Revision.” 4. In the application for stay made by the 1st Respondent, a prayer was made directing that the finance granted to the 1st Respondent through the District Central Co­operative Bank should be continued. 5. The only challenge in the revision application preferred by the 1st Respondent was to an order condoning the delay. While ash 3 wp-3315.11 deciding the application for interim relief in such revision application, there was no occasion to grant stay to the execution and implementation of the judgment and order dated 10th March, 2011 by which the application for condonation of delay made by the 1st Respondent was rejected. There was nothing to be stayed in the order rejecting application for condonation of delay. No elaborate discussion is necessary to say that the direction given to the District Central Co­ operative Bank, Kolhapur to continue the finance granted to the 1st Respondent could not have been issued by way of interim relief. It is pertinent to note that the District Central Co­operative Bank, Kolhapur was not a party to the revision application. To put it mildly, the impugned judgment and order is perverse and therefore, the same deserves to be set aside. 6. In a revision application of this nature, instead of hearing the parties on the stay application, the revision application itself could have been taken up for final disposal. 7. Hence, I pass the following order:­ (a) The impugned judgment and order dated 8th April, 2011 is quashed and set aside. ash 4 wp-3315.11 (b) The Application for stay made by the 1st Respondent stands dismissed. (c) The revision application shall be decided as expeditiously as possible and preferably within a period of eight weeks from the date on which an authenticated copy of this order is produced before the Revisional Authority. (d) The Appeal is disposed of with no orders as to costs. (e) Learned counsel appearing for the 1st Respondent states that the next date of hearing of the revision application is 29th July, 2011. The Revisional Authority shall endeavour to take up the revision application for hearing on the same date. ( A.S. OKA, J )