1 ndm 9 wp.8696.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8696 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Amit B. Borkar for the Petitioner. Mr. P.D.Dalvi i/b mr. Abhijit Deshmukh for the Respondent No.1. Mr. A.I.I.Patel, AGP for Respondent Nos.2 to 4. CORAM : A.S.OKA, J. DATE : 7th December, 2010. P.C. 1 Not on board. Taken on board. 2 The learned counsel appearing for the 1st respondent on instructions states that he has no objection if the impugned order dated 8th September, 2010 is quashed and set aside. He prays that 1st respondent may be permitted to withdraw the revision application preferred before the State with liberty to file an appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960. He states that the Petitioner will be made a party to the appeal. 3 The request made by the 1st respondent deserves to be accepted inasmuch as the appeal under Section 152 of the said Act was maintainable against the order passed by the Assistant Registrar. 4 Hence, I pass the following order: i. The impugned order dated 8th September, 2010 is 2 quashed and set aside; ii. 1st respondent is permitted to withdraw Revision Application No.574 of 2010 with liberty to prefer an appeal under Section 152 of the said Act; iii. The statement of the learned counsel appearing for the 1st respondent that the Petitioner will be impleaded as a party respondent to the said appeal is accepted. iv. If Appeal is preferred by the 1st respondent, the same shall be expeditiously decided by the concerned Appellate Authority in accordance with law. 5 Writ petition is disposed of on the above terms with no order as to costs. [ A.S.OKA, J ]