Sayed Azazur Rahman And ANR. v. Nkgsb (North Kanara Gaud Saraswat Bank) Co-Operative Bank Ltd.

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3 OF 2019 IN ARBITRATION PETITION (L) NO. 1250 OF 2019 Sayed A Rahman ...Applicant/ Petitioners

Versus

NKGSB (North Kanara Gaud Saraswat Bank) Cooperative Bank Ltd

...Respondent

WITH IN PERSON APPLICATION NO. 134 OF 2019 IN ARBITRATION PETITION (L) NO. 1250 OF 2019 WITH IN PERSON APPLICATION No. 135 OF 2019 IN ARBITRATION PETITION (L) NO. 1250 OF 2019 Mr Rohan Cama, i/b Akshay Deshmukh, for the Petitioner.

Mr Bhupesh U Samant, with Mr Ganesh L Kale, for the Respondentbank. Mr Rajesh G Kamath, General Manager, NKGSB Bank present.

CORAM:

G.S. PATEL, J.

DATED:

6th December 2019

PC:- 1.

Mentioned out of turn.

2.

The disputes between the parties are settled. Consent Minutes of Order are tendered. The petitioners have agreed to pay to the respondent bank a sum of Rs. 7.25 lakhs on or before 20th December 2019 in full and final satisfaction of the respondent bank's claim. The petitioners withdraw their counter claim against the respondent. The order of 20th November 2019 on merits is consequently recalled by consent and the bank accounts of the petitioners are directed to be released from any freezing order. 3.

The Consent Minutes of Order are signed by the General Manager of the respondent bank and by the 1st petitioner who is personally present in Court. The Consent Minutes of Order are in order. They are not contrary to law. They have been signed by the parties of their own volition in reflection of their true intentions. 4.

The undertakings in the Consent Minutes of Order are accepted as undertakings to the Court.

5.

There will be a final order on the arbitration petition in accordance with the Consent Minutes of Order tendered taken on record and marked "M1" for identification with today's date.

6.

The arbitration petition is disposed of accordingly. There will be no order as to costs.

7.

A soft copy of the Consent Minutes of Order will be uploaded as the second order in this matter.

8.

All interlocutory applications are disposed of as infructuous. (G. S. PATEL, J)