1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5668 OF 2009 Rajdevendra Constructiions Pvt.Ltd.& Ors. .. Petitioners V/s Liquidator, The Ravi Co-operative Bank Ltd. Kolhapur, 1249, C-Ward, Raviwar Peth, Kolhapur .. Respondent WITH WRIT PETITION NO.5669 OF 2009 Umesh Dhondiram Shinde & Ors . .. Petitioners V/s Liquidator, The Ravi Co-operative Bank Ltd. Kolhapur, 1249, C-Ward, Raviwar Peth, Kolhapur .. Respondent Mr.P.S.Dani for the Petitioners. CORAM : R.G.KETKAR, J. DATE : 29TH JULY, 2009. P.C.: 1. Heard Mr.Dani, learned counsel for the petitioners. These two petitions challenge the judgment and order dated June 20, 2008 passed by the learned Member of the Maharashtra State Co-operative Appellate Court, whereby the learned Member allowed the application of the respondent and condoned the delay of 34 days in filing the appeal against the judgment and award dated December 26, 2007 passed by the learned Judge of the Co-operative Court No.1 Kolhapur. In support of this petition, Mr.Dani submitted that after the co-operative court passed the judgment and award, the petitioners deposited 2 amounts due and payable in the respondent bank. In support of this submission, he invited my attention to the certificate dated January 16, 2008 issued by the respondent Bank. 2. In the present case the controversy relates to the order passed by the learned Member of the Co-operative Appellate Court in condoning the delay of 34 days caused in filing the appeal. The order passed by the Appellate Court is discretionary order. I do not find any infirmity in the impugned order. In the result, petitions fail and are dismissed. However, all the contentions raised by the petitioners are expressly kept open. (R.G.KETKAR, J.)