1 wp3055­11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION WRIT PETITION NO. 3055 OF 2011 Hindurao Nana [VKS] Vividh Karyakari Sahakari Seva Sanstha Ltd., Yedenipani, District – Sangli .. Petitioner V/s. Proposed Shri Promod Patil [VKS] Vividh Karyakari Sahakari Seva Sanstha Ltd., Yedenipani, District – Sangli & Others .. Respondents ..... Mr. Amit B. Borkar for the petitioner. Mr. R. V. Desai, Senior Counsel i/b. Mr. Pravinkumar P. More and Mr. Promod Katare for respondent No.1. Ms. P. S.Cardozo, AGP for respondent Nos.2 to 4. ..... CORAM : A.S.OKA, J. DATE : JULY 18, 2011. P.C.: Heard the learned counsel appearing for the Petitioner and the learned senior counsel appearing for the first respondent. I have also heard the learned AGP appearing for respondent Nos. 2 to 4. 2. The learned senior counsel appearing for the first respondent states that an Appeal under Section 152 of the Maharashtra Co­ operative Courts Act, 1960 was not maintainable before the Hon'ble 2 wp3055­11 Minister of State of Co operation. He stated that by setting aside the impugned order, first respondent may be permitted to covert the Appeal into a Revision Application under Section 154 of the said Act. The request deserves to be accepted by keeping open all contentions of the petitioner including the issue of maintainability of the Revision Application. Hence, I pass the following order: :: O R D E R :: i. The impugned order dated 9th March, 2011 passed by the Hon'ble Minister of State for Co­operation is quashed and set aside and Appeal No.479 of 2009 is restored. ii. On the prayer made by the first respondent, permission is granted to convert the Appeal into a Revision Application under Section 154 of the Maharashtra Co­operative Societies Act, 1960. iii. After the amendment is carried out, the Revision Application shall be heard in accordance with law as expeditiously as possible and preferably within a period of three months from the date on which amendment is carried out. 3 wp3055­11 iv. All contentions of the petitioner including the objection regarding maintainability of Revision are kept open. v. The petition is disposed of on the above terms with no order as to costs. (A.S.OKA, J.)