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Bombay High CourtALP/16/2022withdrawn

Khuleshwar Gramin Bigar Sheti Sah. Pat. Marya. Kashti, Thr. Recovery Off. Bapurao Yadav Haral v. Shamrao Baburao Timune And Another

2023-09-12Hon'Ble Shri Justice Sandipkumar C. More2 pages

917 ALP-16-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 APPLICATION FOR LEAVE TO APPEAL BY PVT PARTY NO. 16 OF 2022 Khuleshwar Gramin Bigar Sheti Sahakari Patsanstha Maryadit, Kashti, Through its Recovery Officer, Bapurao Yadav Haral, Age : 38 years, Occ. - Service, R/o. : Kashti, Tq. Shrigonda, Dist. Ahmednagar ... APPLICANT

VERSUS

1.

Shamrao Baburao Timune, Age : 62 years, Occ. : Agri., R/o. : Timune Vasti, Post. Kashti, Tq. Shrigonda, Dist. Ahmednagar 2.

State of Maharashtra ... RESPONDENTS ...

Mr. S.S. Jangale h/f. Mr. R.R. Karpe - Advocate for Applicant Mr. D.B. Rode - Advocate for Respondent No.1 Mr. R.D. Sanap - APP for Respondent No.2, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 12th September, 2023 PER COURT :

1.

Learned Counsel holding for Mr. R.R. Karpe submits that, the applicant - Credit Society had given loan to son of respondent No.1 and since it remained unpaid, the respondent No.1 had given the cheque in dispute.

Pooja K.

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917 ALP-16-2022 2.

As against this learned Counsel for respondent No.1 - accused submits that, applicant - Credit Society has misused the cheque given by respondent No.1 in respect of his separate loan account.

3.

However, today the learned Counsel for applicant - Credit Society produced on record the extract of loan account of son of respondent No.1 - accused showing that, the son has repaid the entire loan. The said extract is taken on record and marked 'X' for identification.

4.

Learned Counsel for applicant further submits that, since the loan amount is completely repaid, the applicant - Credit Society is not having any grievance against respondent No.1 - accused. As such, he seeks withdrawal of present application.

5.

In view of the submissions made by the learned Counsel for applicant - Credit Society, the application stands withdrawn and disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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