Registrar. The powers conferred upon the Liquidator under subsection (1) of Section 105 include in sub-clause (a) the power to institute and defend any suit and other legal proceedings, civil or criminal, on behalf of the Society. Rule 89 of the Maharashtra Cooperative Societies' Rules, 1961, requires that the appointment of the Liquidator shall be notified in the Official Gazette. In the present case, directions have been issued by the Commissioner of Cooperation, albeit belatedly, on 17th July 2007 for the publication of the appointment of the Liquidator in the Government Gazette. There is absolutely no substance in the contention of the Petitioners that the Third Respondent ceased to be entitled to act as Liquidator upon his retirement as Assistant Registrar. No such disqualification or bar is contained in the provisions of the Act or the Rules. There is merit in the submission urged on behalf of the Respondents that the Petitioners who had large outstandings due and owing to the Bank, would be entitled to follow such remedies as are open in law in the event that a recovery certificate is issued under Section 101 of the Act. The Petition is wholly lacking in substance and shall accordingly stand dismissed.
