1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7811 OF 2009 The Kalwa madhyavarti Grahak Sahakari Sanstha Ltd .. Petitioner Vs The Maharashtra State Co-op Consumer Federation Ltd and ors. .. Respondents Mr. M.S.Karnik , Advocate for the petitioner. Mr N.N.Bhadrashete, for respondent no.1. Mrs Neha Bhide, AGP, for Respondent nos 2 & 3. CORAM : D.B.BHOSALE, J. DATE : 10/09/2009 PC: 1. Heard learned counsel for the parties. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 2. This petition is directed against the order dated 18.8.2009 passed by respondent no.3, allowing the appeal filed by respondent no.1 against the order dated 26.2.2009 passed by respondent no.2, by which respondent no.1 was directed to T 2 admit the petitioner as a member of their society. There is no dispute that when the impugned order was passed, the notice issued by the advocate for respondent no.1 to the petitioner of hearing before respondent no.3, was not served on the petitioner. Admittedly, the petitioner was not heard by respondent no.3. In view thereof, I am satisfied that the following order shall meet the ends of justice. The order dated 18.8.2009 is set aside. The appeal filed by respondent no.1 under section 152 of the Maharashtra Co- operative Societies Act is restored to file. Respondent no.3/ Principal Secretary, (Co-operation), shall hear the appeal filed by respondent no.1 under section 152, afresh after giving an opportunity of being heard to the petitioner. Respondent no.3/ Principal Secretary, Co-operation, shall issue notice of hearing to the concerned parties and shall see that notices are served at least 72 hours before the date of hearing. The appeal may be disposed of as expeditiously as possible and preferably within a period of twelve weeks from today. The petitioner to communicate this order to the concerned Minister/Principal Secretary, Co-operation, within a period of ten days from today. Learned AGP is also directed to communicate 3 this order to the concerned Secretary, Co-operation, within a period of ten days from today. Rule is accordingly made absolute. No costs. (D. B. Bhosale, J.)