1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5458 OF 2007 Taklekar Brothers & Bricks Manufacturing & Ors. .. Petitioners Versus Raigad Dist.Central Coop. Bank Ltd. & Ors. .. Respondents Mr.Rajesh More for petitioners Mr.C.G.Gavnekar for respondents. CORAM : S.C.DHARMADHIKARI, J. DATE : 11th January 2008 P.C. . Petitioner’s appeal being Appeal No.152 of 2006 has been disposed of in their absence by 2 the learned Member of the Maharashtra State Coop.Appellate Court. None disputes the fact that the appeal challenges the order passed by the Coop.Court Raigad in CC/RGD/161/01 which was instituted by the first respondent Bank claiming a decree/award against the petitioner. The award has been granted in favour of the bank and against the petitioners who are original opponents. They are directed to pay a sum of Rs.535617 along with interest from 27th June 1999 at 12% p.a. 2. In my view, such being the consequence under the award, the appeal therefrom should not have been disposed of in the absence of the appellants’ advocate. That is something which denies the parties a substantive right of appeal. In such circumstances, the order under challenge is quashed and set aside and the Appeal No.152 of 2006 is restored to file of the Maharashtra State Coop.Appeal Court, Mumbai for being disposed of 3 afresh on merits and in accordance with law. Learned Member to whom the appeal is assigned shall not influence himself with the observations in the earlier order. All contentions of both sides on merits are expressly kept open. Petition allowed accordingly. No costs. (S.C.Dharmadhikari, J)