IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION WRIT PETITION NO.6178 OF 2009 Shri Manoj Sheth and Ors. ...Petitioners. v. Shri Kooverji Nanji Gala and Ors. ...Respondents. Mr.S.P.Kadam, adv. For the Petitioners. Ms.Usha R. Tiwari, adv. For the Respondent Nos.1 to 5 and 7 Mr.C.R.Sonawane, AGP for the Respondent Nos.10 and 11. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 5th November , 2009 P.C. 1 Rule. Heard forthwith. 2 It is not necessary to go into the facts in detail in view of the order to be passed. Regarding the grievance of the petitioner that the Registrar is not looking into their grievances to act against the committee, on 1.10.2009, Show-cause notice has been issued to the Managing Committee to show cause why action should not be taken under Section 78 of the Maharashtra Co-operative Society Act (In short ‘M.C.S. Act’). In the light of that, this grievance no longer survives. Next grievance of the petitioner is that by communication on 1st April, 2009 signed by over 100 members , they had requisitioned an Extra Ordinary General Body Meeting on the grounds set out in the request - 2- dated 1st April, 2009. Though now meeting is fixed on 14.11.2009, this item is not included. Really speaking we fail to understand how that agenda could be included. At the highest, members could have called for agenda to express ‘No Confidence’ in the Managing Committee. If that be the intention, it is open to the petitioners to serve within seven days from today additional requisition signed by requisite number of members. The Managing Committee to include the item of expressing ‘No Confidence’ in the agenda if any such requisition is received within seven days. If the Managing Committee does not do so, respondent no. 10 to appoint an officer present at the meeting to take up the issue of the motion of ‘No Confidence’ against the Managing Committee if the requisition was made in terms of the order and submit the report to the Registrar for necessary action. 3 Rule made absolute accordingly with no order as to costs. (J.H. BHATIA,J.) (F. I. REBELLO,J.)