1 APP1189/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1189 OF 2010 IN SUMMONS FOR JUDGMENT NO.54 OF 2009 IN SUMMARY SUIT NO.818 OF 2008 Shiv Shakti Consumer Co-op.Society ...Appellants v/s Bharati K. Punamiya ...Respondent Mr A.A. Kumbhakoni i/b Mr Mandar Soman for Appellants. Mr Y.K. Tiwari i/b M/s K.P. Tiwari and Co. for Respondent. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 7TH MARCH 2011. 2 APP1189/10 P.C. :- 1] Admit. Heard finally by consent of the parties. 2] The appellant, which is a consumer co- operative society registered under the Maharashtra Co-operative Societies Act 1960, challenges the order dated 4th October 2010 passed by the learned Single Judge of this Court in summons for judgment No.54 of 2009 granting conditional leave to defend in favour of the Society. One of the defences raised by the Society to the summary suit was that the suit has been instituted without issuing notice under section 164 of the said Act to the Registrar. In reply filed by the plaintiff, the plaintiff did not dispute this position. What is surprising is that the learned Single Judge does not refer to this contention and grants conditional leave to the Society. In our opinion, admittedly, the defendant No.1 is a Consumer Co-operative Society, compliance with the provisions of section 164 of the said Act 3 APP1189/10 is mandatory for institution of suit. As that has not been done, the learned Single Judge ought to have granted unconditional leave to defend. The order dated 4th October 2010 impugned in the appeal granting conditional leave to defend to the Society is set aside. The defendant No.1  Society is granted unconditional leave to defend the summary suit No.818 of 2008. Appeal is disposed off. Notice of motion No.176 of 2011 is disposed off. Hearing of summary suit No.818 of 2008 is expedited. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )