Mrs. Smruti N. Shah And ANR. v. The Union Of India Through Its Secretary And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.26 OF 2019 IN WRIT PETITION NO.11964 OF 2018 ...

Mrs. Smruti N. Shah & Anr.

....Petitioners V/S The Union of India & Anr.

....Respondents ...

Mr. Siddharth Samantaray I/b Mr. Akash S. Acharya for the Applicants/Petitioners.

Mr. Rafeeq Peermohiden with Mr. Vinod Kothari I/b M/s. Apex Law Partners for Respondent No.2/Bank.

CORAM : A.A. SAYED & RIYAZ I. CHAGLA, JJ.

DATE : 11 JANUARY 2019 ORDER:

The Civil Application is taken out in disposed of Writ Petition seeking following relief:

"a) This Hon'ble Court be pleased to issue the necessary directions to Respondent No.2 to forthwith withdraw the complaint filed u/s 138 of the N.I. Act against Petitioner No.1 as recorded and produce an authenticated copy of the said withdrawal order before this Hon'ble court."

Learned Counsel for Respondent Bank has tendered copy of the order dated 10 January 2019 of the Judicial Magistrate, Gurugram, which shows that the Complaint is withdrawn.

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2/2 4 caw 26.19 in wp as.doc Learned Counsel for the Applicants/Petitioners has handed over today two Demand Drafts aggregating to Rs.7,00,428/- to the learned Counsel for the Respondent Bank in Court.

We accept the statement of the learned Counsel for the Respondent Bank that the Respondent Bank shall now abide by and comply with clauses 2 and 4 of the Consent Terms dated 30 October 2018 within two weeks from today.

The Civil Application to stand disposed of.

(RIYAZ I. CHAGLA, J.) (A.A. SAYED, J.) katkam 2/2