IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3255 OF 2008 WRIT PETITION NO.3255 OF 2008 WRIT PETITION NO.3255 OF 2008 Bhimrao Shetiba Nalawade ..Petitioner. V/s. Mukund Shamrao Pawar & Ors. ..Respondents. WITH WITH WITH WRIT PETITION NO.3256 OF 2008 WRIT PETITION NO.3256 OF 2008 WRIT PETITION NO.3256 OF 2008 Bhimrao Shetiba Nalawade ..Petitioner. V/s. Shree Mahalaxmi Majoor Sahakari Sanstha Ltd. & Ors. ..Respondents. Mr.H.S.Venegavkar for petitioner. Mr.P.S.Dani h/f.Rahul Walvekar for respondent No.1. Mr.S.D.Rayrikar, A.G.P. for respondent-State. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 25TH JUNE, 2008. DATED : 25TH JUNE, 2008. DATED : 25TH JUNE, 2008. P.C. :- P.C. :- P.C. :- 1. Rule. Rule, returnable forthwith. By consent of the parties, both the petitions are taken up for final hearing. 2. The dispute in these two petitions relate to the order passed by Hon’ble Minister for Co-operation on 24/4/2008. By the said order, the - = : 2 : = - Hon’ble Minister has set aside the order of the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur in Revision Application No.244/07 dated 8/10/2007 and remanded the matter back for passing fresh order on merits, after considering the additional documents furnished by the parties. 3. The grievance of the petitioner is that, since the additional documents were not considered by the parties, it is just and proper to set aside the order passed by the Deputy Registrar and direct him to pass fresh orders on merits. 4. Isee merit in the above contention. Accordingly, the impugned order dated 24/4/2008 is modified by quashing the order passed by the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur on 8/10/2007 and also the order passed by the District Deputy Registrar, Co-operative Societies, Kolhapur on 24-4-2008 and the Deputy Registrar is directed to pass fresh order of adjudication upon the notice dated 22/9/2007 in accordance with law, after permitting both the parties to tender additional documents and after hearing both the parties. Since the matter has been pending for a pretty long time, the parties are - = : 3 : = - directed to file additional documents within one week from today and the District Deputy Registrar is directed to pass fresh adjudication order in accordance with law within a period of 4 weeks from the date of receipt of this order. 5. Rule is made absolute in the above terms with no order as to costs. 4. Parties to appear before the District Deputy Registrar, Co-operative Societies, Kolhapur on 2nd July, 2008. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)