:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 595 OF 2008 Shri S.R. Trilokekar (deceased) through his LR Shri Avinash S. Trilokekar ..Petitioner Vs. State of Maharashtra and ors. ..Respondents Mr. Anurag Jain for petitioner. Mr.R.M. Patne, AGP for respondent nos.1 to 4. Mr. Ranjit Dharmadhikari i/by Mr. N.R. Gandhi for respondent no.5. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 08, 2008. Date : April 08, 2008. Date : April 08, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Jain the learned counsel for the petitioner. Mr. Patne, the learned AGP, appears for respondent nos.1 to 4. Mr. Dharmadhikari i/by Mr.Gandhi appears for respondent no.5. 2. The impugned order passed by the Divisional Joint Registrar on 30/8/2007 arises from the order passed by the Deputy Registrar, Co-operative Housing :2: Societies, Mumbai on 9/3/2001. On an application filed by the respondent no.5-society under Section 101 of the Maharashtra Co-operative Societies Act, 1960 for the recovery of certain dues. 3. Admittedly, the said application was decided ex parte. The learned counsel for the respondent no.5 fairly conceded that the application filed by it should be restored to the file of the Deputy Registrar and it should be heard and decided on merits afresh, so as to provide an opportunity to the present petitioner of presenting his case before the Deputy Registrar. 4. Hence, by consent the order dated 9/3/2001 as well as the order dated 30/8/2007 are quashed and set aside and the application filed by the respondent no.5-society is hereby restored to the file of the Deputy Registrar (respondent no.3). The said application shall be heard and decided afresh. The parties i.e. the petitioner and respondent no.5 to appear before the respondent no.3 on 23/4/2008 between 11 a.m. to 2 p.m. and the petitioner shall submit :3: his say in the said application on that day. The application be heard and decided as expeditiously as possible and in any case before 31/5/2008. 5. Petition is disposed off accordingly. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)