Riyaz Nawajsab Shaikh v. The Manager, Saibaba Janta Sahakari Bank Ltd. And Others

WP-352.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 352 OF 2014 Riyaz Nawajsab Shaikh ... Petitioner

Versus

The Manager Saibaba Janta Sahakari Bank Ltd and others ... Respondents .....

Mr. T. M. Venjane, Advocate for petitioner Mr. A. N. Irpatgire, Advocate for respondents No. 1 and 2 .....

CORAM :

SUNIL P. DESHMUKH, J.

DATE :

3rd MAY, 2016 ORDER :

1.

Learned counsel for the parties have settled the matter under which some amount is agreed to be paid by the petitioner to respondent No.1 bank and the bank has agreed to accept the amount towards full and final settlement of its claim against present petitioner.

2.

Learned counsel further referred to that the matter is settled on an amount of Rs. 10,25,000/- and that Rs. 8,00,000/- have already been received by the bank.

WP-352.14.doc 3.

Learned counsel for the petitioner further submits that, Rs. 2,00,000/- have been deposited in this court and as such, does not object to withdrawal of said amount by the respondent bank towards settlement as agreed between the parties. As such, accordingly to learned counsel appearing for respective parties, on instructions, submit that the total amount of settlement agreed upon between parties stands satisfied with adjustment of rest of the amount from shares of petitioner with the respondent bank.

4.

The photo copies of communication dated 28th March, 2016 and 16th April, 2016 between the parties tendered across the bar by the petitioner are taken on record and marked "X-1" and "X-2" respectively for the purpose of identification.

5.

In view of aforesaid, learned counsel for petitioner, on instructions, seeks leave to withdraw writ petition. 6.

Leave granted. Writ petition stands disposed of as withdrawn.

( SUNIL P. DESHMUKH, J. ) sms