M/S. Needal Roller Bearing Employees Co-Operative Society Ltd. Jalna v. The State Of Maharashtra And Others

p1-ca-5240-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5240 OF 2019 IN WRIT PETITION NO. 1842 OF 2014 M/S. NEEDAL ROLLER BEARING EMPLOYEES CO-OPERATIVE SOCIETY LTD. JALNA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Applicant : Shri S. M. Vibhute AGP for Respondent Nos. 1 and 2 : Shri N. T. Bhagat Advocate for Respondent Nos. 3, 7 and 8 : Shri A. D. Soman h/f. Shri V. D. Soman ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 18th APRIL, 2019.

...

PER COURT :

1.

This Civil Application was not on board. It was jointly mentioned by the learned Advocate for the respective sides at 10.30 a.m., that the applicant and respondent No. 3 have settled the issue between themselves and the order passed by this Court on 12/03/2019 in Writ Petition No. 1842/2014, needs to be modified. Hence, taken on the production board. 2.

Both the learned Advocates appearing for the original petitioner and respondent No. 3, submit that the parties have settled the issue of repayment, out of the Court. Consequentially paragraph Nos. 11, 12 and 13 of the order

p1-ca-5240-19.odt dated 12/03/2019, can be deleted. It is further stated that in paragraph No. 10, the number of the Writ Petition and the date of its disposal, in the earlier round of litigation between the parties, has been inadvertently wrongly mentioned. 3.

In view of the above, Writ petition No. 4849 appearing in line No. 2 in paragraph No. 10, shall be replaced by the number 1341 and the date of disposal of the said petition shall be mentioned as 15/10/2013, instead of 14/12/2013. 4.

This Civil Application stands allowed.

5.

In the light of the above, the directions /observations set out in paragraph Nos. 11, 12 and 13 shall lose its efficacy in view of this order in the Civil Application thereby recording the compromise between the parties. The amount of Rs. 8,00,000/- deposited by the applicant - petitioner in this Court shall be withdrawn by respondent No. 3 bank, without conditions, as a part of the out of Court settlement between the parties.

(RAVINDRA V. GHUGE, J.) shp/-