-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.7018 OF 200 WRIT PETITION NO.7018 OF 200 WRIT PETITION NO.7018 OF 2006 Abhay Mody, .. Petitioner. Vs State of Maharashtra & ors .. Respondents. Ms.Hina A Mody, for the petitioner. Mr A.H.Palekar, AGP for respondent nos 1 to 3. Mr M.S.Rodriques and A.S.Ramesan for respondent no.5. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATE : 05.03.08. DATE : 05.03.08. DATE : 05.03.08. PC: PC: PC: 1. Heard learned counsel for the parties. . Rule. Mr.Palekar, learned counsel, waives service for respondent nos 1 to 3 and Mr Rodriques, learned counsel, waives service for respondent no.5. By consent, rule is made returnable forthwith and heard finally. 2. This writ petition is directed against an order dated 22.6.2004 by which the revision filed by the petitioner before the Divisional joint Registrar Co-operative Societies, Konkan Division, Navi Mumbai came to be dismissed for want of prosecution on the ground that the three consecutive hearings the applicant was absent. There is no dispute that the petitioner had deposited with the concerned society fifty percent -2- amount of the total amount of recoverable dues as contemplated under section 154(1A) of the Maharashtra Co-operative Societies act. Keeping that in view, it is clear that the petitioner did stand to benefit by remaining absent on the three dates of hearing. Considering overall facts and circumstances of the case, I am of the opinion, that the interest of justice would be met if the petitioner is given one more opportunity to contest his revision on merits. Hence, I pass the following order. 3. The impugned order is set aside. The Divisional Joint Registrar shall decide Revision Application No.118 of 2002 as expeditiously as possible and preferably within a period of four months from the date of receipt of this order. The interim order granted by this Court vide order dated 19.10.2006 shall remain operative till the disposal of the revision. All contentions of the parties on merits are kept open. The writ petition is disposed of. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)