50-wp-2436-11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2436 OF 2011 Mr. Rupesh Ramesh Parab ..Petitioner Vs. Smt. Sumati Govind Parab and Ors. ..Respondents Mr. S.M.Sabrad for petitioner Mr. Abhay Parab for respondent no.1 Mr. S.M.Bhosale for respondent nos. 4, 5 and 6 CORAM : A.S. OKA, J. DATE : 12th JULY, 2011. P.C.: 1. On 23.3.2011, this Court issued notice for final disposal. The challenge in this Writ Petition is to the order dated 17.9.2009 passed by the Assistant Registrar of Co- Operative Societies in purported exercise of powers under Section 25-A of the Maharashtra Co-Operative Societies Act, 1960 and confirmation of the said order by Revisional Authority. The learned counsel appearing for the 1st respondent on instructions states that though in the application made by the 1st respondent, there is a reference to Section 25-A of the said Act, in fact, the 1st respondent had invoked Section 22(1) by filing an application on which the impugned order has been passed. He, therefore, 1 50-wp-2436-11.doc submits that by setting aside the impugned order, the application may be ordered to be heard and decided afresh in accordance with law. Hence, I pass the following order. ORDER (1) The impugned orders dated 17.9.2009 and 7.3.2011 are quashed and set aside and the application made by the 1st respondent is restored to file of the Assistant Registrar. (2) The Assistant Registrar will decide the said application by treating the same as one under section 22(1) of the said Act. However, all the objections of the petitioner including the objection regarding the maintainability of the application, are kept open. (3) The application of the 1st respondent shall be decided afresh in accordance with law as expeditiously as possible and preferably within a period of three months from today. (4) Writ petition is partly allowed on above terms with no order as to costs. (5) Assistant Registrar to act upon on the authenticated copy of this order. [ A.S. OKA, J ] 2