Godawari Films Sah. Chitrapat Sanstha Maryadit Thr Chairman v. Nanded Dist. Central Co-Op. Bank Ltd Thr Managing Director And ORS

2025:BHC-AUG:8198 -1- (This order is corrected pursuant to the speaking to the minutes order dated 20.03.2025)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6977 OF 2012 WITH WRIT PETITION NO. 6986 OF 2012 WITH CIVIL APPLICATION NO. 12836 OF 2013 IN WP/6986/2012 WITH CIVIL APPLICATION NO. 753 OF 2014 IN WP/6977/2012 GODAWARI FILMS SAH. CHITRAPAT SANSTHA MARYADIT THR CHAIRMAN

VERSUS

NANDED DIST. CENTRAL CO-OP. BANK LTD THR MANAGING DIRECTOR AND ORS ...

Advocate for the Petitioner : Senior Advocate Mr. P. R. Katneshwarkar Advocate for Respondent No. 1 : Mr. K. J. Suryawanshi Advocate for Respondents No. 37, 38, 40, 41, 51, 55, 75, 97, 98, 102, 108, 109, 129 and 139 : Mr. A. A. Mukhedkar ...

CORAM : MANJUSHA DESHPANDE, J.

Dated : March 10, 2025 PER COURT :- 1.

Not on board. Taken on board.

2.

There are two writ petitions. Writ Petition No. 6977 of 2012 is filed by the borrower challenging the judgment and order

-2dated 19.01.2012 passed in Appeal No. 28 of 2010 by Member, Maharashtra State Co-Opeative Appellate Court, Mumbai, Bench at Aurangabad and the judgment and award dated 02.01.2010 passed in Dispute No. CCN/217/94 passed by the Member, Co-operative Court, Nanded. The another writ petition i.e. Writ Petition No. 6986 of 2012 is filed by the guarantor challenging the same order. 3.

Today, the parties have placed on record the terms of compromise by way of settlement purshis which is affirmed by the respective parties. The terms of compromise are taken on record and marked as 'X' for the purpose of identification. In Writ Petition No. 6977 of 2012, the authority letter is issued in favour of one Bharatsingh Dattusingh Gahelot, Chairman, Godawari Films Chitrapat Sanstha Maryadit, Nanded and Shri. Pawant Bharatsingh Gahelot is son of the Chairman who is personally present in the Court. 4.

Learned Senior Advocate for the petitioner submits that the Chief Executive Officer, The Nanded District Central Co-Operative Bank Ltd. Nanded has issued authority letter in favour of Govind Dattaram Mungal to settle the matter in the both the writ petitions. 5.

Accordingly, the settlement has arrived at between the parties as mentioned in the settlement purshis which is verified by the

-3persons in whose favour the authority letters are given by the parties. According to the para No. 4 of the terms of settlement, the petitioner Society had handed over the cheque of Rs. 9,72,388/- today i.e. on 10.03.2025 by way of demand draft in the Court which is accepted by the learned Advocate for the respondent.

6.

When the matter is compromised between the parties by way of settlement, nothing survives to be adjudicated in the present writ petitions.

7.

Hence, both the writ petitions stand disposed of in terms of settlement arrived at between the parties. 8.

This Court appreciates the efforts taken by Mediator Mr. S. K. Kadam since the mediation is successful. 9.

Since both the writ petitions are disposed of by way of settlement between the parties, all the pending civil applications also stand disposed of.

(MANJUSHA DESHPANDE, J.) Omkar Joshi