Pandharinath Namdeo Dhadge And Another v. Authorized Officer Motilal Oswal Home Finance Ltd., Thr Its Authorised Officer And Others

2025:BHC-AUG:2768-DB *1* 971wp1441o25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1441 OF 2025 WITH CIVIL APPLICATION NO. 1232 OF 2025 IN WP/1441/2025 PANDHARINATH NAMDEO DHADGE AND ANOTHER

VERSUS

AUTHORIZED OFFICER MOTILAL OSWAL HOME FINANCE LTD., THR ITS AUTHORISED OFFICER AND OTHERS ...

Shri Raut Avinash N., Advocate for the Petitioners. Shri V. M. Kagne, AGP for Respondent Nos.3 and 4/State. ...

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 30th January, 2025 Per Court :- The learned advocate for the petitioners submits that after the petition was filed on 24.01.2025, they have reached one time settlement with the respondent non banking financial institution and they do not intend to prosecute the writ petition. 2.

However, the learned advocate submits that in the earlier round in Writ Petition No.14683/2023, they were made to deposit an amount of Rs.5 lac. While disposing of the petition on

*2* 971wp1441o25 26.03.2024, it was expressly observed that they would be entitled to withdraw the amount on filing of the Civil Application. They would, therefore, seek direction to the registry to make refund. 3.

The Writ Petition is disposed of as withdrawn. 4.

The Civil Application is allowed. Office to verify and refund the amount of Rs.5 lac to the petitioners. kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)