Ramrao Tukaram Patil And ORS. v. Sahkar Mitra Shri. Chandrakant Hari Bedhe Sir Urban Co-Op. Credit Society And ANR.

WP. 7507-17 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 7507 OF 2017 Ramrao Tukaram Patil & Ors.

...

Petitioners Vs.

Sahkar Mitra Shri Chandrakant Hari Badhe Sir Urban Co-Op.

Credit Society (Through Liquidator) & Anr.

...

Respondents *** Mr. Nasim Khan, for the Petitioners.

Mr. Rajeev Matkar, for Respondent No. 1.

Mr. B. V. Samant, AGP for Respondent No. 2.

*** CORAM : B. R. GAVAI, & RIYAZ I. CHAGLA, JJ.

DATE : JULY 17, 2017 PC.

1.

Rule. Rule is made returnable forthwith. Learned counsel Mr. Rajeev Matkar waives service of notice for Respondent No. 1, and the learned AGP waives service of notice for Respondent No. 2. By consent of parties, petition is taken up for final hearing. 2.

This petition has been filed by the Petitioners seeking 1 / 2

WP. 7507-17 appropriate writ order and direction, directing Respondent No. 1 to consider the proposal dated 12th April, 2017 made by the Petitioners for one time settlement. Respondent No. 1 in its reply has stated in para 6 as under:

"6.

I say that Respondent No. 1 being a Credit Society it is interest in getting its money back and if the Petitioners show their readiness and willingness and gives guarantee's to repay the total outstanding amount of his individual and family members & relatives and Group of loan holders has already declared by himself to the Respondent No. 1 Society to consider their proposal as a fresh."

4.

In that view of the matter, we find that the purpose of the petition stands served. Respondent No. 1 is directed to consider the proposal as submitted by the Petitioners and decide the same within 4 weeks. Rule is made absolute accordingly in the aforesaid terms. No orders as to costs.

Sd/- Sd/- [RIYAZ I. CHAGLA, J.] [B. R. GAVAI, J.] Vinayak Halemath 2 / 2