1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5738 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 5738 OF 2010 *** 1. Respective counsel were heard on earlier occasion and then matter was adjourned to today. Today advocate Mr. Chaudhari states that the impugned order, passed by Honourable Minister (Respondent No.2 herein) is without jurisdiction inasmuch as there could not have been a second revision under section 154 of Maharashtra Cooperative Societies Act, 1960 [for short 1960 Act, hereafter] and he is relying upon some judgments to substantiate this aspect. He further points out that it was only an order of remand by Divisional Joint Registrar and hence even on facts interference by Honourable Minister was not necessary as question whether legal and valid bonds as required by Section 73-1AB of 1960 Act were furnished by respective Respondents or then they were disqualified under section 77-A of 1960 Act was only to be inquired 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5738 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. into. 2. Shri Irpatgire, Shri Dharashive and learned A.G.P. for respective respondents support the order. 3. It is their contention that the order against which petitioner approached Divisional Joint Registrar being under section 77A of 1960 Act was appellable under section 152 thereof and hence order impugned before Honourable Minister was not an order passed in revision under section 154 of 1960 Act. It is contended that if argument about second revision is to be accepted for the first time by this Court, it tantamount to permitting petitioner to take advantage of his own wrong. They further invited attention to finding recorded by Honourable Minister to urge that legal and valid bonds are already found to be furnished by respective respondents and hence there is no need of any inquiry. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5738 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 4. Perusal of judgment of this Court in the case of "Khamgaon Urban Co-operative Bank Ltd. & another V/s Deepak Wamanrao Ware and 0thers" reported as 2003 (1) Bom.C.R. 154 reveals that this Court has found that under provisions of section 154 of 1960 Act, a second revision is not maintainable. However, the said issue falls for consideration in different background before this Court. 5. The proceedings filed before the Divisional Joint Registrar are expressly under section 154 of 1960 Act. The perusal of order of Divisional Joint Registrar nowhere discloses an objection of present respondents that said revision was not maintainable and in fact it ought to have been an appeal under section 152 thereof. Divisional Joint Registrar has remanded the matter back to Assistant Registrar, Cooperative Societies for holding fresh 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5738 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. inquiry. This order of remand is questioned by present Respondents before Honourable Minister. Before Honourable Minister again there is no express challenge to the nature of jurisdiction exercised by Divisional Joint Registrar, by them. The question, whether it was second revision or then the revision was against an order passed in appeal by Divisional Joint Registrar has not been raised before Honourable Minister and, therefore, has not been answered by him. The subsequent question which arises for determination is when Divisional Joint Registrar states that he has exercised powers under section 154 of 1960 Act, whether it is open to the parties to urge that said order must be read as referable to section 152 thereof. 6. As this aspect is not considered by Honourable Minister at all I find the impugned order dated 12th April, 2010 in 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5738 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Revision Application NO.775 of 2009 passed by Respondent No.2 unsustainable. Same is accordingly quashed and set aside. 7. Revision Application No.775 of 2009 is restored back to the file of Respondent No.2 for taking fresh decision therein in accordance with law after giving parties opportunity of hearing. Parties are directed to appear before Respondent No.2 on 14th March, 2011 and to abide by his further instructions in the matter. The Respondent No.2 shall attempt to decide the matter as early as possible and in any case within a period of three months thereafter. Rule is made absolute accordingly. No costs. [B.P.DHARMADHIKARI, J.] Dated:23/02/2011. ans/5738