1. Rule. Rule made returnable forthwith. Counsel for the respondent waives notice. As short question is involved, petition is taken up for final disposal forthwith, by consent.

2. Heard learned counsel at length.

3. By this petition filed under Article 227 of the Constitution of India, the Petitioner has assailed the legality and propriety of the order dated 2nd August 2013 passed by the Maharashtra State Co-operative Appellate Court at Mumbai [for short “the Appellate Court”] in Appeal No. 113 of 2012. By the said order, the Appellate Court allowed the Respondent's appeal and order of the trial Court under which Respondent's dispute was dismissed in default came to be quashed and set aside.

4. The Respondent filed dispute against the Petitioner under section 91 of the Maharashtra Co-operative Societies Act, 1960 [for short “the MCS Act”] before 4th Cooperative Court, Ballard Pier, Mumbai for declaration that loan alleged to be sanctioned under Loan Account No. BL/12, S/B 34, L/138 and L/185 are null and void and are not binding upon him and the Petitioners are not entitled to recover loan amounts shown in the said accounts. The declaration was also sought to the effec