: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.920 OF 2009 Juhu Urvashi CHS Ltd. & Ors. ... Petitioners V/s. Divisional Joint Registrar & Anr. ... Respondents Mr.J.S. Kini for Petitioner Mr.S.N. Patil for Respondent Nos.1 and 2 CORAM: SMT.NISHITA MHATRE, J. DATED: 29th JUNE, 2009 P. C.: 1. The petitioners have challenged the orders passed by the Divisional Joint Registrar, Cooperative Societies on 23.12.2008. By this order, the Divisional Joint Registrar confirmed the order of the Deputy Registrar, Cooperative Societies by which an Administrator was appointed for this society. Petitioner No.1 is a cooperative housing society and petitioner Nos.2 to 6 are persons who claim to be the Managing Committee members of the society. They claim that they were elected after a general body meeting was held in view of the resignation of the earlier committee. That committee according to the petitioners had resigned since it had not furnished the bond as described u/s 73 (1AB) of the MCS Act. The earlier committee admittedly has assumed office on 16.8.2005. They were expected therefore to furnish bonds u/s 73(1AB) within 15 days after assuming office. Admittedly, that was not done. Instead the members of the committee, after receiving the notice dated 27.3.2008, tendered their resignation and a general body meeting was called. The petitioners were elected as office bearers at this meeting although the erstwhile : 2 : managing committee had no right to call this meeting since the members of the managing committee had not furnished bonds as required u/s 73(1AB). In view of the deeming fiction contained in that section, the erstwhile managing committee had no right to call this meeting. The members of that managing committee could not have continued in office 15 days after assuming office as they had not furnished the bonds. 2. It is contended on behalf of the petitioners that bonds were submitted by the erstwhile committee but they were lost in view of the floods which occurred on 26.7.2005. It is pointed out that an FIR was lodged on 7.2.2006. This contention of the petitioners is unsustainable as the Committee had assumed office on 16.8.2005, after the floods. Therefore, the question of losing the bonds in the floods does not arise. 3. I have perused a copy of the impugned order and I do not find any error contained therein. The Divisional Commissioner has followed the law and appointed an administrator for the Society. 4. Reliance is placed on the judgment of the learned Single Judge of this Court in the case of A. Sangameshwaram v/s. Deputy Registrar of Co.op. Societies, 2006 Mh.L.J. 280. In this judgment, the learned Judge has dealt with section 71(1AB) and Rule 58A of the MCS Rules. In my opinion, this judgment does not carry the case of the petitioners any further. 5. Petition rejected.