Dnyaneshwar Sopanrao Shelke And Another v. The Kopargaon Peoples Co Operative Bank Ltd Through Its Branch Manager And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO. 11328 OF 2017 WITH WP/11333/2017 DNYANESHWAR SOPANRAO SHELKE AND ANOTHER

VERSUS

THE KOPARGAON PEOPLES CO OPERATIVE BANK LTD THROUGH ITS BRANCH MANAGER AND OTHERS ...

Advocate for Petitioners : Mr. Adwant S.V. and Ms. N. B. Kamble Advocate for Respondent No.1 : Mr. Siddharth S. Wagh .....

CORAM : V. K. JADHAV, J.

DATED : 15th MARCH, 2018 PER COURT:- 1.

Learned counsel for the petitioners-original appellants submits that the parties to the petitions have settled their dispute outside the court and a copy of letter dated 1.3.2018 issued by the General Manager of respondent No.1 Bank to the petitioners is also annexed with the pursis. By the aforesaid letter dated 1.3.2018, the respondent bank has allowed the request of the petitioners for one time settlement on the terms and conditions as mentioned therein. Learned counsel submits that the said letter is an integral and inseparable part of this settlement. Learned counsel, on instructions, submits that the petitioners affirm and confirm to pay the amount of one time settlement (OTS) as mentioned in the letter dated 1.3.2018. 2.

Learned counsel appearing for the respondent bank has also

wp11328.17 -2admitted the contents of the pursis filed before the Court, signed by the petitioners and by the Branch Manager of the respondent No.1 Bank, Branch at Aurangabad. The pursis filed separately in both the writ petitions are taken on record and marked "X" for identification in both the writ petitions.

3.

In view of the pursis submitted by the parties, the writ petitions are disposed of. No costs.

4.

Learned counsel for the respondent Bank submits that during pendency of these writ petitions, as directed by this court, the petitioners in both the petitions have deposited an amount of Rs.14,00,000/- each and the respondent Bank may be permitted to withdraw the said amount.

5.

Learned counsel for the petitioners, on instructions, submits that the petitioners have no objection if the respondent bank is permitted to withdraw the said amount. In view of above, the respondent bank is permitted to withdraw the amount deposited by the petitioners in both the writ petitions.

( V. K. JADHAV, J.) rlj/