Corporation Bank v. Saeeda Mohammed Hasan Peshimam

skc 907-CAW-1542-14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1542 OF 2014 IN WRIT PETITION NO. 11102 OF 2012 --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. Satish Upadhyay i/b. M. V. Kini & Co. for Applicants. Mr. Asif Vora i/b. S. I. Memon for Respondent. CORAM : M. S. SONAK, J.

DATE : 30 JUNE 2015 P.C. :- 1] The learned counsel for the applicants files an affidavit in pursuance of order dated 23 June 2015 made by this Court. Amongst other matters, the affidavit indicates that the petitioner bank and the respondent have entered into a fresh agreement with regard to the use of the suit premises. The same is also placed on record along with the affidavit. Further, in paragraphs 12 and 13 of the affidavit, there is explanation as to circumstances in which the undertaking which was required to be filed by the bank was not filed. This is accompanied by apologies for the unintentional default.

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skc 907-CAW-1542-14 2] The explanation as well as apologies are accepted. In the light of the fresh agreement entered into between the parties, Mr. Satish Upadhyay, the learned counsel for the applicants, seeks leave to withdraw the present civil application. Leave is granted. Civil application is disposed of accordingly.

(M. S. SONAK, J.) chandka 2/2