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Bombay High CourtWP/11882/2014disposed offdismissed for default

The Ahmednagar District Central Co-Op. Bank Ltd. Ahmednagar v. Pandit Bansi Bhalsing

2016-03-30Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11882 OF 2014 THE AHMEDNAGAR DISTRICT CENTRAL CO-OP. BANK LTD.

VERSUS

PANDIT BANSI BHALSING ...

Advocate for Petitioner : Shri N.V. Gaware Advocate for Respondents : Shri N.C.Garud ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: March 30, 2016 ...

PER COURT :- 1.

The learned Advocate for the petitioner has submitted a copy of the resolution passed by the Executive Committee of the petitioner Bank on 15.3.2016. Same is taken on record and marked as Exhibit "Z" for identification. Copy of Exhibit "Z" is supplied to the learned Advocate for the respondent Shri Garud.

2.

Shri Garud submits that Exhibit "Z" is acceptable to the respondent / employee.

3.

Shri Gaware submits that the concerned employee will have to come to the Bank for tendering his application for voluntary retirement along with a letter of resignation, within ten days from today. The same would be accepted in accordance with Exhibit "Z" and the amount would be paid by a Banker's cheque within a period of five weeks thereafter. 4.

Since an amount of about Rs.2,00,000/- towards difference in the rate of interest on the loan amount is subject matter of Writ Petition No. 10486 of 2015, it is agreed that the petitioner / Bank shall reserve Rs.2,00,000/- from the amounts payable to the respondent in terms of Exhibit "Z", which would be subject to the result in Writ petition No.10486 of 2015.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11882 OF 2014 5.

With the above understanding and directions, this petition is disposed off in terms of terms of Exhibit "Z".

6.

Needless to state, the impugned order stands modified accordingly and the respondent would be bestowed with notional continuity of service from the date of dismissal till the date of acceptance of his application for voluntary retirement for the purposes of calculating his retiral benefits. 7.

Writ Petition is accordingly disposed off in above terms. ( RAVINDRA V. GHUGE, J. ) ...

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