JUDGMENT - Mane A.D., J.:—Rule is made returnable forthwith. 2. Heard the learned Counsel for the parties. 3. This writ petition is directed against the order made on 3/11/-5/12/1995 by the learned Member of the Maharashtra State Co-operative Appellate Court, Aurangabad, where by stay granted on 9-8-1995 during the pendency of the appeal No. 63 of 1995 filed by the Terna Shetkari Sahakari Sakhar Karkhana Ltd. has been vacated. 4. The dispute relates to the compensation for not harvesting the sugar by the sugar factory. The cooperative court by the judgment and order dated 31-3-1995 directed the Karkhana to pay Rs. 1,83,000/- with 12% interest from 31-3-1995 till realisation as against the claim of Rs. 3,33,500/-. That order of the Co-operative Court was challenged in the appeal and pending the appeal an application for interim stay was made. Stay was granted and it was vacated by the impugned order. 5. The question arises whether the Maharashtra State Co-operative Appellate Court was justified in vacating stay when appeal is pending. Section 149 of the Maharashtra State Cooperative Societies Act, 1960, empowers the appellate court to grant interlocutory order in the form of stay where appeal is preferred in order to prevent ends of justice being defeated or where it appears to it to be just and convenient to grant stay to the order complained of as may be the case for the ends of justice. The impugned order does not contain the reasons for vacating the stay in the light of the aforesaid provisions. Refusal of stay pending appeal would obviously render the appeal infructuous. It is true that the award for money claim is passed which is challenged in appeal. But the question still remains about entitlement to the compensation in appeal and unless the lower appellate court applies its mind to find out whether any prima facie case was made out for such entitlement the impugned order tantamounts to denial of justice. The impugned order was, therefore, not justified. The impugned order is quashed and set aside. The application filed by the appellant for stay to the award passed by the Co-operative Court is hereby granted till the disposal of the appeal. 6. On the request of learned Counsel for the parties, the appeal is expedited. The lower appellate Court is directed to dispose of the appeal within 30 days from the date of receipt of writ. The application filed by the appellant for stay to the award passed by the Co-operative Court is hereby granted till the disposal of the appeal. 6. On the request of learned Counsel for the parties, the appeal is expedited. The lower appellate Court is directed to dispose of the appeal within 30 days from the date of receipt of writ. The writ petition is accordingly allowed. Rule is made absolute. There shall be no order as to costs. Writ petition allowed. -----