M/S Swami Traders Through Its Proprietor Prabhakar Nagnath Swami v. The State Of Maharashtra And Others

2025:BHC-AUG:3475 1 930-WP-3512-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3512 OF 2016 M/S. SWAMI TRADERS, THROUGH ITS PROPRIETOR PRABHAKAR NAGNATH SWAMI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Ms. D.S. Jape, AGP for Respondents/State Mr. B.A. Dhengle, Advocate for Respondent No.3 ...

CORAM : MANJUSHA DESHPANDE, J.

DATE : 06th FEBRUARY, 2025 PER COURT :

1.

Learned advocate for petitioner Mr. C. V. Thombre, is absent. The matter was heard on 16/01/2025 as well as on 30/01/2025.

2.

Petitioner has challenged the recovery certificates dated 09/02/2016, bearing outward Nos. 1307 and 1308 of Rs.3,58,819/- and Rs.5,00,753/- respectively, issued by respondent No.2 and attachment notice dated 14/03/2016 for attachment of property on 29/03/2016.

3.

Learned advocate for respondent No.3 submits that the dispute has been settled between the parties, as the petitioner has paid the outstanding amount. He has placed on record communication dated 03/02/2025 received to him by respondent No.3 informing that petitioner had availed loan of Rs.3,00,000/- which was returned by him on 06/08/2018. Thereafter he has also SVH

2 930-WP-3512-16.odt availed loan of Rs.4,00,000/- which was returned by him on the same date by depositing amount of Rs.7,18,176/-. Thereafter, as per the request made by petitioner one time settlement was arrived at between the parties. Accordingly both the loan accounts have been closed and there is no outstanding as on today against petitioner. 4.

Considering the written communication received from respondent No.3, which is taken on record and marked as 'X' for identification, nothing remains to be adjudicated in the present matter. Writ petition is, therefore, disposed of as infructuous. (MANJUSHA DESHPANDE, J.) SVH