Tamiland Mercantile Bank Ltd v. M/S. Ishwar Textile Through Its Proprietor Mr. Pawankumar Malpani And ORS.

904. caw 1211.18.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1211 OF 2018 IN WRIT PETITION NO. 4333 OF 2018 Tamilnad Mercantile Bank Ltd.

.. Applicant In the matter between M/s.Ishwar Textile and ors.

.. Petitioners Vs.

Tamilnad Mercantile Bank Ltd. and anr. .. Respondents Mr.Sidharth Samantaray i/b Mr.Inderpal Singh Nirmale, for the Petitioner.

Mr.Karl Tamboly a/w Mr.Raghav Gupta i/b Wadia Ghandy & Co., for Applicant in CAW/1211/2018 and for Respondent No.1 in WP/4333/2018.

CORAM : A.A.SAYED & M.S.KARNIK, JJ.

DATE : 19th JULY 2018 P.C. :

.

This Civil Application is taken out in Writ Petition No. 4333 of 2018 which is already disposed of. 2.

Learned Counsel for the parties state that the matter 1/2

904. caw 1211.18.doc is settled between the parties. They have tendered Minutes of Order signed by the Power of Attorney Holder of the Petitioners as also by the Chief Manager of the Respondent No.1 - Bank and their respective Advocates. The Minutes of the Order are taken on record and marked as 'X'. The Civil Application is disposed of in terms of the Minutes of Order. The Affidavit of the Chief Manager of the Respondent No.1 is also taken on record.

3.

At the request of the learned Counsel for the Petitioners it is recorded that the amount shall be paid either by the Petitioners or M/s. Safeline Realtors Advisory Pvt. Ltd. as recorded in the Minutes of Order. We, however, clarify that default, if any, by M/s. Safeline Realtors Advisory Pvt. Ltd. shall be construed as default by the Petitioners.

4.

The Civil Application to stand disposed of.

(M.S.KARNIK, J.) (A.A.SAYED, J.) 2/2