-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4201 OF 2007 WRIT PETITION NO.4201 OF 2007 WRIT PETITION NO.4201 OF 2007 Shirasgaon Lauki Vividh Karyakari Shirasgaon Lauki Vividh Karyakari Shirasgaon Lauki Vividh Karyakari Seva Sahakari Society Ltd and 17 ors Petitioners. Seva Sahakari Society Ltd and 17 ors Petitioners. Seva Sahakari Society Ltd and 17 ors Petitioners. Vs Vs Vs The State of Maharashtra & Ors, Respondents. The State of Maharashtra & Ors, Respondents. The State of Maharashtra & Ors, Respondents. Mr B.K.Barve i/b B.K.Barve & Co, for the petitioners. Mr S.D.Rayrikar, AGP for respondent nos 1 to 3. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATE : 14.02.08. DATE : 14.02.08. DATE : 14.02.08. PC: PC: PC: 1. Heard learned counsel for the petitioners and learned AGP for respondent nos 1 to 3. None for respondent no.4, though served. 2. This writ petition challenges a show cause notice dated 7.5.2007 issued by the Assistant Registrar, Co-operative Societies, calling upon the petitioners to show cause as to why they should not be disqualified under section 73(1AB) of the Maharashtra Co-operative Societies Act, 1960 (for short, "the Act"). It appears that earlier the Assistant Registrar, by his order dated 30.9.2006 had dropped the proceedings as he was satisfied that the petitioners had not violated the provisions of section 73 (1AB) of the Act. That order was challenged in appeal by respondent no.4 before the Divisional Joint Registrar, Co-operative Societies, who -2- vide his order dated 16.4.2007, was pleased to set aside the order dated 30.9.2006 and directed the Assistant Registrar to pass fresh order in accordance with law. Pursuant thereto, the impugned show cause notice has been issued by the Assistant Registrar. 3. Mr Sawant, learned counsel for the petitioners, submitted that default in execution of the bond by the petitioners under section 73(1B) of the Act was not on account of lapse on their part but in view of nonavailability of the stamp papers at the relevant time. I would not like to consider merits of the case at this stage. Since the petition is directed only against the show cause notice, it would be open for the petitioners to appear before the Assistant Registrar to show cause as to why they should not be disqualified under section 73(1B) of the Act. In the circumstances, I dispose of this petition by the following order: 4. The Assistant Registrar shall decide the show cause notice dated 7.5.2007 as expeditiously as possible and preferably within a period of 12 weeks from today. If the petitioners have not filed reply to the show cause notice so far, they may do so within a period of four weeks from today. The ad-interim relief granted by this court vide order dated 30.5.2007 in terms of prayer -3- clause (c) shall remain operative till disposal of the show cause notice and for a period of 15 days thereafter if order passed on the show cause notice is adverse to the petitioners. It is needless to express that the Assistant Registrar shall decide the show cause notice on merits in accordance with law and after considering the entire materials on record and the relevant provisions of the Act. All contentions are kept open. With these observations, the writ petition is disposed of. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)