1 61 wp.5233.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5233 OF 2011 R.K.Shah and others. ... Petitioners Versus Deputy Registrar, Co-operative Societies and ors. ... Respondents ----- Mr. R.S.Ghade for the Petitioners. Mrs. M.S.Bane, AGP for Respondent Nos.1, 2, 5 and 6. Mr. S.C.Chaturvedi for Respondent No.4. ----- CORAM : A.S.OKA, J. DATE : 08 th August, 2011. P.C. 1 Heard the learned counsel appearing for the Petitioners, the learned AGP for Respondent Nos.1, 2, 5 and 6 as well as the learned counsel appearing for Respondent No.4. 2 The Respondent No.4 has filed the Civil Application No. 1667 of 2011. 3 An order was passed by the Deputy Registrar under Section 78 (1) of the Maharashtra Co-operative Societies Act, 1960 2 61 wp.5233.11 (hereinafter referred to as “the said Act”) of appointment of an administrator in respect of a co-operative housing society. An appeal under Section 152 of the said Act was preferred by the Petitioners. By order dated 27 th Jun, 2011, though the appeal was admitted for final hearing, prayer for stay of execution and operation of the impugned judgment and order appointing administrator was rejected. Being aggrieved by the said order, the Petitioners preferred a revision application under Section 154 of the said Act before the Respondent No.6. The grievance of the Petitioners in this petition is that the prayer for interim relief made in the revision application by filing an application for stay has not been considered on merits. 4 The learned counsel appearing for Respondent No.4 submitted that the Managing Committee is holding a general body meeting on 12 th August, 2011 and injunction be granted restraining the holding of the general body meeting. 5 The Petitioners are the members of the Managing 3 61 wp.5233.11 Committee of a housing society. A drastic order of appointing an administrator has been passed by the Deputy Registrar. Though the substantive appeal against the said order has been admitted, the operation of the said order has not been stayed. Very object of filing a revision application against the order refusing to grant stay has been defeated by the fact that though the application for stay is filed in the revision application on 5 th July, 2011, till today, the said application has not been considered on merits. In the circumstances, a drastic order of appointing administrator cannot be allowed to operate till the disposal of the appeal. 6 A grievance is made by the Respondent No.4 about the general body meeting of the Society scheduled to be held on 12 th August, 2011. It is obvious that the decision taken in the meeting will be subject to final outcome of the appeal pending before the Divisional Joint Registrar. However, a prayer for grant of injunction restraining the society from holding the meeting cannot be granted at the instance of the Respondent No.4. 4 61 wp.5233.11 7 Hence, I pass the following order: i. The application for stay made by the Petitioners in the pending revision application before the Respondent No.5 shall be decided within a period of six weeks from today ; ii. For a period of eight weeks from today, the administrator shall not take over the charge ; iii. All the decisions taken by the General Body of the Society will be subject to final outcome of the statutory appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960 ; iv. All contentions of the parties on merits of the stay application as well as the pending revision application and appeal are expressly kept open ; v. The writ petition is disposed of on above terms with no order as to costs ; and vi. The Civil Application No.1667 of 2011 is disposed of in terms of this order. [ A.S.OKA, J ]