1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7134 OF 2009 The Thane Janata Sahakari Bank Ltd. .. Petitioner. Vs. The State of Maharashtra & Anr. .. Respondents. Mr.S.M.Oak i/b Sagar Joshi for the petitioner. Mrs.A.Vahtkar A.G.P. for the State. Coram : D.B. BHOSALE, J. Dated : 1ST SEPTEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 3. By this writ petition, the petitioner has challenged the communication/order dated 30.5.2009 issued by respondent no.2. By this communication, respondent no.2 informed the petitioner that in view of the conversion of the petitioner-society from co-operative society to multi-state co-operative society, it is not possible to appoint or to renew appointments of recovery officers and confer powers under section 156 of the Maharashtra Co-operative Societies Act, 1960 (for short “the Act”). In other words, respondent no.2 refused to either extend the term of the recovery officer and/or to appoint new recovery 2 officer to recover any amounts under recovery certificates, issued prior to 23.10.2008. The petitioner-society was initially registered under under the provisions of the Maharashtra Co- operative Societies Act. On 23.10.2008 the society was converted into multi-state co-operative society under the Multi State Co-operative Societies Act and in view thereof its registration under the Act was deemed to be cancelled. It is against this backdrop Mr.Oak, learned counsel for the petitioner placed heavy reliance upon the judgment of this court in Abhudaya Co-operative Bank Ltd. Vs. State of Maharashtra in Writ Petition No.261 of 2008 dated 4th April, 2009, to contend that the proceedings initiated prior to 23.10.2008 by the petitioner-society under section 101 of the Act are entitled to be continued even after its conversion into multi-state co-operative society. In Abhudaya Co-operative Bank Ltd. case the following question was under consideration before the learned Single Judge: “Whether the Revisionary Authority has no jurisdiction to entertain and decide an application under section 154 of the Maharashtra Co- operative Societies Act, 1960 filed by a society registered under that Act when the applications under sections 101 and 154 were filed but was converted into a multi-State co-operative society during the pendency of the application for revision whereupon the applicant was registered under the 3 multi-State Co-operative Socieites Act and its registration under the Maharashtra Co-operative Societies Act, 1960 was cancelled.” 4. After dealing with all the relevant provisions so also the provisions contained in section 126 of the Act the aforesaid question was answered in the affirmative. In my opinion, the question raised in the instant writ petition is squarely covered by the judgment in Abhudaya Co-operative Bank Ltd. Ms.Vahtkar, the learned A.G.P. for the respondent-State could not and did not dispute this position of law. In the circumstances the impugned/communication dated 30.5.2009 is set aside and respondent no.2 is directed to pass fresh orders on the application/letter dated 5.5.2009 made by the petitioner- bank as expeditiously as possible and preferrably within a period of two weeks from the date of receipt of this order. 5. Rule is, accordingly, made absolute. No costs. (D. B. Bhosale, J.)