vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5179 OF 2008 WRIT PETITION NO.5179 OF 2008 WRIT PETITION NO.5179 OF 2008 The Karad Urban Co-op. Bank Ltd. ... Petitioner V/s. Patel Traders & Partners A. Inaytulla Chand Patel & Ors. ... Respondents Mr.A.P. Kulkarni for Petitioner Mr.S.S. Aradhye for Respondent Nos.1A to 1C, 2 & 3 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: OCTOBER 8, 2008 OCTOBER 8, 2008 OCTOBER 8, 2008 P.C.: P.C.: P.C.: . The order challenged in this petition is passed by the Member, Maharashtra State Cooperative Appellate Court, Mumbai Bench, Pune on 17.5.2007. By its order, the appellate Court has allowed the appeal filed by the respondent herein and has directed "substituted award be passed by setting aside the impugned judgement and order". 2. On a perusal of the appellate Court’s order, in my opinion, the submission made by the learned advocate for the petitioner that the order does not reflect any reasoning must be accepted. The order of the appellate Court does not reflect that it has considered the submissions of the bank in the present case or that it has rejected the contention of the bank in respect of : 2 : outstanding loan account which is a cash credit loan account. The appellate Court while concluding that there is no willful default also has not mentioned what are the amounts paid if any by the respondent to the bank. 3. In these circumstances, I am of the view that the matter must be remanded to the appellate Court for considering the appeal afresh. The order of the appellate Court is set aside. The appeal No.52 of 2002 is remanded to the appellate Court for being decided afresh. Any observations made in this order or in the appellate Court’s order which has been set aside will have no bearing on the judgment which is expected to be passed by the appellate Court on remand. 4. The parties to remain present before the appellate Court on 17.11.2008 at 11 am. 5. Writ petition is disposed of accordingly.