-: 1 :- wp-4232/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4232 OF 2011 Harishchandra B. Wani. ..Petitioner. Versus Deepak V. Bharvirkar and ors. ..Respondents. Mr. P. D. Dalvi for the petitioner. Mr. S. N. Gawade i/b Ram & Co., for R-1. Mr. M. G. Patil i/b Mr. N. M. Bhadrashette for R-2. Mr. R. M. Patne, AGP for R-3 & 4. Coram : RANJIT MORE, J. Date : October 11, 2011. P. C. : 1. By this petition, the petitioner challenges the order passed by respondent no.3 in an appeal being Appeal No. 17 of 2010 filed by respondent no.1. The main grievance of the petitioner is that the impugned order is passed without giving an opportunity of hearing to him, despite the fact that petitioner was arrayed as respondent no.3 in the said appeal. 2. Mr. Patne, learned AGP has filed affidavit of one Dr. Mahesh Salunkhe Patil, Dy. Registrar, Co-operative Societies. By this affidavit he has asserted that the petitioner was served by UPC. The averment is disputed by the learned counsel for the petitioner. Mr. Patne, could not point out any material to srp -: 2 :- wp-4232/11 show that notice sent by UPC is served on the petitioner. In the aforesaid circumstances, learned counsel for the respective parties agree for setting aside the impugned order and remanding matter back to respondent no.3 for fresh decision. In view of the concessions, no separate reasons are required to be given. The petition is therefore disposed of by passing following order. -: O R D E R :- (i) The impugned order passed by respondent no.3 on 1st April 2011 in Appeal No. 17 of 2010 is quashed and set aside. (ii) Matter is remanded back to respondent no.3 to take fresh decision on merits after hearing the petitioner and respondents. (iii) Respondent no.3 shall dispose of appeal as expeditiously as possible and in any case within a period of 6 weeks from the date of receipt of a copy of this order. (iv) Parties to the petition shall appear before respondent no.3 on 20.10.2011 at 11.00, whereupon respondent no.3 shall fix the schedule of appeal. Parties shall co-operate with respondent no. -: 3 :- wp-4232/11 3 for early disposal of appeal. (v) Needless to mention that this Court has not gone into merits of the matter and all the points and contentions of the respective parties are expressly kept open to be agitated before respondent no.3. (RANJIT MORE, J.)