IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.424 of 2009 1. Raghunath Mandal , son of Late Ramu Mandal, resident of village-Khanpur, P.S. Kadwa, Distt. Katihar, Chief Executive of Kadwa Prakhand Matsyajivi Swablambi Sahkari Samiti Ltd. Kadwa 2. Kadwa Prakhand Matsyajivi Swablambi Sahkari Samiti Ltd. Kadwa through its Chief Executive Raghunath Mandal, son of late Ramu Mandal, resident of village- Khanpur, P.S. Kadwa, Distt.- Katihar …….. Opposite Parties ……….. Appellants. Versus 1. The Registrar Co-operative Societies, Bihar, Patna 2. The Assistant Registrar, Co-operative Societies, Katihar Circle, Katihar 3. Jyotish Chandra Chaudhary, Chairman of Kadwa Prakhand Matsyajivi Swablambi Sahkari Samiti Ltd. Kadwa, at Bindhabani, PO-Chaukiharipur, Distt. Katihar (Opposite Parties)..Respondents 4. Jitan Parihar, son of Late Anup Parihar, resident of village- Rampur, PO + P.S. Kadwa, Distt. Katihar 5. Rajesh Pd. Singh, son of Late Santoki Singh, resident of village and PO Chandpur, P.S. Kadwa, Distt. Katihar 6. Most. Bulia Devi, wife of late Narian Parihar, resident of village- Sariria, P.S. Kadwa, Distt.- Katihar. 7. Ashok Pd. Singh, son of Muni Lal Singh, resident of village and P.O. Chandpur, P.S. Kadwa, Distt. Katihar 8. Baksu Mahaldar, son of Late Baby Mahaldar, resident of village and PO Dhangawa, PO Chauki, P.S. Kadwa, Distt. Katihar 9. Mahesh Pd. Singh, son of Late Satish Lal Singh, resident of village and PO Chandpur, PS- Kadwa, Distt.- Katihar, Secretary Kadwa Thana Matsyajivi Sahyog Samiti Ltd. Kadwa, Distt. Katihar….. Petitioners ………………. Respondents. ----------- 3. 8.10.2009 I.A. No. 5281/2009: The interlocutory application has been filed for condoning the delay in filing the Miscellaneous Appeal. For the reasons stated in the application, the delay in filing the Miscellaneous Appeal is condoned. I.A. No. 5281/2009 is accordingly disposed of. The appellants have filed this appeal under Section 40(3) of the Bihar Self Supporting Co-operative Societies Act, 1996. 2 The relevant facts, shorn of details in the present matter, are that respondent nos. 4 to 9 had filed an application for dissolution of the appellant no.2-Co-operative Society stating that the same has been filed under Section 44 along with Section 40 of the Bihar Self Supporting Co-operative Societies Act which was registered as Dissolution Dispute Case No. 18/2007. From a perusal of the copy of the application supplied to the Court it is evident that the only prayer made in the said application is to dissolve the appellant no.2- Co-operative Society on the grounds that its registration had been obtained by fraud or mistake and further business has not commenced within two years of the date of registration which are grounds (a) and (e) of Sub-Section (1) of Section 44 of the said Act. In the course of hearing the said application the impugned interim order dated 5.2.2009 restraining the functioning of the appellant no.2-society has been passed until the dissolution case is decided. It is thus, evident from the aforesaid facts that the matter before the Tribunal is solely within the purview of Section 44 of the Act and not under Section 40 of the Act which relates to inter se dispute between the parties on certain grounds mentioned in Section 40 of the Act. In the said circumstances, there can be no question of filing an appeal by invoking the appellate jurisdiction of this Court under Section 40(3) of the 1996 Act. 3 The appeal is therefore not maintainable. It is accordingly dismissed. However, it would be open to the appellants to pursue their remedies before the appropriate forum in appropriate proceedings. S. Pandey ( Ramesh Kumar Datta, J.)