1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 3721/2009 ( Vidarbha Coop. Marketing Society Ltd. -: versus :- Shashikant M. Lokhande ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 13, 2 0 0 9. Heard finally with consent of Shri A.P. Tathod, learned counsel for Petitioner and Shri Anil Thakare, learned counsel for respondent. Grievance made by learned counsel for petitioner is that, respondent who was party to Cooperative Dispute was all the while aware of the proceedings and after the award was declared by the Cooperative Court did not prefer appeal within time, and moved application before the same Court, which was not maintainable. He states that all this was only to delay the payment and to defeat the money decree. He states that these contentions raised by the petitioner, are not looked into by the Cooperative Appellate Court and delay has been condoned mechanically, only because costs are thought to be sufficient to compensate the petitioner. Learned counsel for respondent states that, 2 though judgment on application for condonation of delay is short one, it is delivered with reference to application for condonation and its reading shows that, reasons disclosed therein are found to be just and sufficient. Perusal of reasons part recorded by the Cooperative Appellate Court in the impugned judgment shows that it has not considered the defence of present petitioner and has not rejected it. It has mechanically accepted the submissions made by the respondent. It is clear that the said aspect therefore, needs reconsideration by that Court in accordance with law. The application of mind to rival contentions must show evaluation thereof and acceptance of one set or one side. The impugned judgment dated 01.07.2009 is therefore, quashed and set aside. Misc. Civil Application No. [C.D.] 6/2009 is restored back to the file of the Cooperative Appellate Court, Nagpur Bench, Nagpur for taking fresh decision on it in accordance with the law, as early as possible and in any case by 28.02.2010. Parties are directed to appear before the said Court on 15.12.2009 and to abide by its further directions in the matter. Writ Petition is allowed in above terms. Rule accordingly. No costs. JUDGE Rgd.