IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 3376 OF 1996 WRIT PETITION NO. 3376 OF 1996 WRIT PETITION NO. 3376 OF 1996 Hariom Shamlal (Gupta) Agrawal. ... Petitioner. V/s. Bhavarilal Javarilal Modi & ors. ... Respondents. A.S.Desai for the petitioner. None for the respondents. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 24th July 2008. DATED: 24th July 2008. DATED: 24th July 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Leave to amend, so as to enable the petitioner to delete reference to Article 226 of the Constitution of India. Amendment to be carried out forthwith. 2. Heard learned counsel for the petitioner. Perused record. 3. This petition is directed against the order dated 31st January, 1995 passed in Appeal No.12/1994 by the Member, Maharashtra State Co-operative Appellate Court whereby appeal was allowed and the guarantor was exonerated of the liability. 4. The factual matrix reveals that the respondent No.2- Bank filed dispute for recovery of their outstanding dues and the respondent No.1 was joined as co-defendant being one of the partners of the firm. He suffered order dated 30th October, 1993 whereby dispute was allowed against the partnership firm and four others. One of the defendants, namely, respondent No.1 herein filed appeal and that appeal was allowed by the appellate Court for the reasons recorded. The Creditor, viz., Nashik Merchants Co-op. Bank Ltd. did not challenge the impugned order. As a matter of fact, the Bank was aggrieved by the said order of the appellate Court. The present petitioner being co-defendant has no right to challenge the said order. He cannot be said to be aggrieved by the said order. 5. In the result, petition is dismissed for the reasons recorded herein with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)