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Bombay High CourtWP/11398/2016disposed off

Ramugude Sahniwas-2 Sahakari Grih Rachana Sanstha Maryadit- Patan v. The Divisional Joint Registrar (Cs) Wadgaon And ANR.

2016-10-10Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Anoop V. Mohta2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11398 OF 2016 ALONG WITH CAW/2588/2016 Ramugude Shaniwas-2 Sahakari Griha Rachana Sanstha Maryadit Patan .... Petitioner vs The Divisional Joint Registrar (CS), Wadgaon and anr.

.... Respondents Mr. S.V. Sadavarte for the petitioner.

Ms. S.S. Bhende, AGP for respondent/State.

Mr. Niranjan Mogre for applicant in CAW/2588/16. CORAM: ANOOP V. MOHTA AND G. S. KULKARNI, JJ.

DATE : October 10, 2016 ORDER:

The Petitioner/Housing Society has challenged Resolution dated 11.02.2013/6.1.2014. The Assistant Registrar, on 18.04.2016, has passed an order under Section 77(A)(B-1) of Maharashtra Cooperative Societies Act of appointing an officer as an administrator and work as the Managing Committee. The Petitioner being aggrieved preferred an Appeal before the Divisional Joint Registrar along with an Application for stay. As no order was passed inspite of application of the Petitioner on the Stay Application, and a notice of 1/2

dgm 2 18-wp-11398-16 with caw-2588-16.sxw taking charge as an Administrator was received on 6.5.2016, the Petitioner, therefore, filed the present petition on 1.6.2016. This Court issued notice, however, directing the Respondents to maintain status-quo as of today. The same has been in force till this date.

The learned counsel appearing for the parties makes statement that Statutory Appeal itself is pending. Considering the above background, we are inclined to dispose of the present Petition by directing the Appellate Authority to decide the Appeal as early as possible preferably within six weeks as election is supposed to be held in December 2016. Order accordingly.

In view of above, Civil Application is also disposed of, however, with liberty to Applicants to take out an appropriate application before the Divisional Joint Registrar and the same to be considered in accordance with law.

No costs.

(G. S. KULKARNI, J.) (ANOOP V. MOHTA, J.) 2/2