1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7791 OF 2009 Mr Rajesh Ramesh Rangnekar .. Petitioner Vs MIG Co-op Hsg Society .. Respondent Mr. S.K.Shinde i/b Sugar Kasar , Advocate for the petitioner. Mr. P.P.Prabhu, AGP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 22/09/2009 PC: 1. Heard learned counsel for the parties. 2. This petition is directed against the order dated 3.7.2009 passed by the Maharashtra State Co-operative Appellate Court, Mumbai, dismissing an appeal, being A. O. No.76/2009, filed by the petitioner and confirming the order dated 15.5.2009 passed by the Co-operative Court in Misc.Application No.50 of 2009 in case no. CC/II/242 of 2008. The operative portion of the order dated 15.5.2009 reads thus: (1)The opponent or persons through him hereby restrained from implementing the award passed in CC-242/08 against the applicant society in Execution Application. (2)Implementation of the warrant of debts issued in Execution Application No.183 of 2009 hereby stayed until further order and the applicant society is permitted to reoperate the T 2 accounts of the society.” 3. The aforementioned order has been passed pending hearing and final disposal of the application filed by the respondent-society seeking condonation of delay in filing the application under section 94(3A) of the Maharashtra Co- operative Societies Act for setting aside ex-parte Judgment and Award dated 16.1.2009. 4. I have heard learned counsel for the parties and they have fairly stated that I need not record reasons for disposing of this petition. I am satisfied that the following order, in the facts and circumstances of the case, will meet the ends of justice. (i) The Co-operative Court shall decide the application for condoning the delay in filing the application under section 94 (3A) of the Maharashtra Co-operative Societies Act as expeditiously as possible and preferably within a period of 12 weeks from the date of receipt of this order. If the delay is condoned, it is open to the learned Judge of the Co-operative Court to deal with the application under section 94 (3A) on merits in accordance with law. This, however, shall not take away the right of the petitioner to 3 challenge the order on the application for condoning the delay. (ii)With these observations, the writ petition is disposed of. (D. B. Bhosale, J.)