: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5778 OF 2009 Archibald Thomas Colaco & Ors. ... Petitioners V/s. The Dy. Registrar Co-operative Societies & Ors. ... Respondents Mr.S.K. Shinde for Petitioners Mr.Rajesh Singh for Respondent Nos.3,4 & 5 Mr.Sanjay Jain i/b Bharat Joshi for Respondent Nos.6 & 7 Mr.P.P. Kakade, AGP, for Respondent No.39 CORAM: SMT.NISHITA MHATRE, J. DATED: 9th JULY, 2009 P.C.: 1. The petition challenges the order passed by the Respondent No.1 by which an order has been issued u/s 79(2) of the Maharashtra Cooperative Societies Act. According to the petitioners, who are members of the society known as Bindiya Cooperative Housing Society, these orders have been passed without jurisdiction and in excess of the powers vested in the Deputy Registrar under the Maharashtra Cooperative Societies Act. Admittedly, an appeal has been filed against these orders and is pending adjudication. The petitioners apprehend that since the administrator has been appointed to the society he would implement the impugned orders without waiting for the appeal to be heard. Therefore, it is submitted that the petitioners be allowed to file an application for a stay of these orders before the appellate authority : 2 : and till that time, the impugned orders should be stayed by this Court. 2. Heard the learned counsel for the parties including the Counsel for Respondent Nos.6 and 7 who submits that such an order need not be passed in view of the interim relief granted in case No.CC/2/20 of 2009 and the fact that there was no stay granted at all after the impugned orders were passed in October 2008. In my view, since the Administrator has taken charge on 7.3.2009, it would be appropriate to direct the Administrator not to implement the impugned orders for a limited period. 3. The petitioner shall file an application for interim relief before the appellate authority within one week from today and the appellate authority shall decide the same within two weeks from the filing of the application. Till then, the Administrator will not act on the impugned orders. 4. Petition is disposed of accordingly.