SSK/905/sb 1 WP.32.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.32 OF 2011 Shri Mathew V. Thomas ....Petitioner Versus Shiv Om Co-operative Housing Society Ltd. & Ors. ...Respondents Ms. Anita Catillino i/b. Ms. Priscilla Samuel for the petitioner. Ms. P. S. Cardozo, AGP for respondent nos. 3 & 4. Ms. Manjusha Badlu for respondent no.7. Mr. Shivaji Lanke for respondent No.12. CORAM : RANJIT MORE, J. DATED : 8TH MARCH, 2011. P.C.: Heard learned counsel for the petitioner, Ms.Cardozo, learned AGP for respondent nos. 3 & 4, Ms. Badlu, learned counsel for respondent no.7 and Mr. Lanke, learned counsel for respondent no.12. 2. By an order dated 11th October, 2010, respondent no.3-Deputy Registrar appointed administrator on respondent no.1-Co-operative Housing Society. By the same order, respondent no.12 was appointed as an administrator. It is not disputed that the administrator has already taken charge on 1st November, 2010. The petitioner is a member of erstwhile Managing Committee. He challenged the order under Section 78 of the SSK/905/sb 2 WP.32.2011 Maharashtra Co-operative Societies Act, 1960 (in short “the MCS Act”) by filing an appeal before the respondent no.4. The said appeal is admitted, however, interim stay to the order under Section 78 of the MCS Act was refused, and therefore, the present petition. 3. It is not disputed by the petitioner that the tenure of the Managing Committee has already come to an end in the month of October, 2010. Moreover, respondent no.12-Administrator has also taken charge of the affairs of the society in pursuance of the order under Section 78 of the MCS Act passed by the respondent no.3. In the circumstances, in my opinion, the respondent no.4 -Joint Divisional Registrar was justified in refusing the stay. In the above facts and circumstances, I am not inclined to interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The Petition is, therefore, dismissed. 4. The respondent no.3 is, however, directed to take necessary steps for holding election to the fresh Managing Committee at the earliest in accordance with law. (RANJIT MORE, J.)