ash 1 wp-2028.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.2028 OF 2011 Kantilal Suresh Agrawal & Anr. .. Petitioners Vs The State of Maharashtra & Others. .. Respondents ­­ Shri P.M. Arjunwadkar for the Petitioners. Shri S.D. Rayrikar, AGP for Respondent Nos.1 and 2. Shri Vishwanath Talkute for Respondent Nos.3 and 4. Shri Imtiyaz Patel for Respondent No.5. ­­ CORAM ; A.S. OKA, J DATED : 10TH AUGUST, 2011 P.C. . Heard the learned counsel appearing for the Petitioners, the learned AGP for Respondent Nos.1 and 2, the learned counsel appearing for the Respondent Nos.3 and 4 as well as the learned counsel appearing for the Respondent No.5. 2. The learned counsel appearing for the Respondent Nos.3 and 4 submits that instead of keeping the Petition pending in this Court, the notice issued by the Advocate for the Petitioner which is Exhibit­G to the Petition can be treated as the objection of the Petitioners to the attachment in accordance with Sub­rule (19) of Rule 107 of the Maharashtra Co­operative Societies Rules, 1961. He states that a date of appearance of the Petitioners may be fixed and the 3rd Respondent will decide the objection within a period of four weeks from the said date. ash 2 wp-2028.11 3. In view of the aforesaid statements, I pass the following order:­ ORDER: (i) The impugned judgment and order passed by the Divisional Joint Registrar in the Revision Application No. 35 of 2009 is set aside only on the ground that the procedure contemplated by Sub­rule (19) of Rule 107 of the said Rules was not followed earlier. The Revision Application stands disposed of. (ii) The Petitioners shall appear before the 3rd Respondent on 7th September, 2011. It is made clear that on that day, the 3rd Respondent will consider the objections raised by the Petitioners to the attachment in the notice which is Exhibit­G to the Petition. It is made clear that no further notice of the date fixed shall be served to the Petitioners. (iii) The objections shall be decided by the 3rd Respondent as expeditiously as possible and preferably within a period of four weeks from the date of appearance of the Petitioners. (iv) All contentions of the parties on merits of the objections are kept open. ash 3 wp-2028.11 (v) The Petition is disposed of on above terms with no orders as to costs. ( A.S. OKA, J )