1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7193 OF 2010 Kasarde Co.op. Mining Society Ltd. ..Petitioner. Vs. Divisional Jt. Registrar of Co.op. Societies and ors. ..Respondents. Mr. Milind Parab i/by M/s. Milind Parab and Associates for the Petitioner. Mr. S.D.Rayarikar, A.G.P. For the Respondent Nos. 1 and 2. Mr. A.S.Parab for the Respondent No.3. CORAM : A.S.OKA, J. DATE : 13th October, 2010. P.C. :- 1 Heard the learned counsel appearing for the Petitioner. The 3rd respondent had made an application for grant of membership to the Petitioner-Society. The said application was made on 1st June, 2009. Necessary amount was forwarded along with the said application. According to the 3rd Respondent, the petitioner failed to respond to the said application within the time provided by Sub Section 2 of Section 22 of the Maharashtra Co-operative Societies Act, 1960. Therefore, an application was made by the petitioner to the Assistant Registrar for grant of deemed membership. The said application has been allowed. The Revision Application preferred by the Petitioner-Society has been rejected by the 2 Divisional Joint Registrar. 2 The said letters are produced on record. The submission of the learned counsel appearing for the petitioner is that the 2nd respondent is otherwise not eligible for membership. 3 I have considered the submissions. It is not in dispute that the application for membership was submitted by the 3rd Respondent on 1st June, 2009. Even going by the case made out by the petitioner, the communication of rejection of the application was sent on 17th September, 2009. There is nothing placed on record to show that the communication of the decision taken on the application for membership was made by the petitioner within the period provided under the Maharashtra Co-operative Societies Act,1960. Therefore, Authorities have invoked the deeming fiction under Sub Section 2 of Section 22 of the said Act. In absence of any evidence to show that any communication was issued by the petitioner to the 3rd Respondent within stipulated time, no interference is called for in this petition. Petition is rejected. JUDGE