FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.4614 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr S.A.Sawant, for the petitioner. Mr Sandesh D Patil, for respondent no.1. Mr S.D.Rayrikar, AGP for respondent nos 2 and 3. CORAM: D.B.Bhosale,J. DATED: 16.02.2008 P.C.: Heard learned counsel for the parties. This writ petition challenges the concurring orders passed by the authorities below in the proceedings arising from the application filed by the petitioner-society under section 101 of the Maharashtra Co-operative Societies Act. I perused both the orders. For the reasons recorded therein, I do not find any reason to interfere with the same in the writ jurisdiction of this Court under Article 227 of the Constitution of India. Hence, the writ petition is dismissed. Dismissal of the writ petition, however, shall not preclude the society from proceeding against respondent no.1-member if he is liable to pay any amount other than the amount for which the recovery certificate under section 101 was sought by the society in the present proceedings. It is also open for the society to proceed against respondent no.1 and take appropriate action, if he has been committing any breach of the provisions of law and Bye-laws or Resolution of the Managing Committee in accordance with law. If the society takes out any such proceedings against the respondent-member same may be considered on merits in accordance with law and uninfluenced by the observations made in the instant proceedings. It is needless to express that the respondent shall have a right to contest the proceedings, if any, initiated by the society. (D.B.Bhosale, J.)