Janardhan Govindrao Wakode v. The Akola Marchant Co-Operative Bank Ltd., Through Manager, And Others

WP6518-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Civil Application No.144 of 2019 in Writ Petition No.6518 of 2016 (Janardan Govindrao Wakode .vs. The Akola Merchant Co-operative Bank Ltd. And others. ) --------------------------------------------------------------------------------------------------------- ---- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. R.L. Khapre, Advocate for Petitioners.

Mr. A.H. Patil, Advocate for Respondent Nos. 1 & 2. Mr. S.B. Bissa, AGP for Respondent Nos. 3 & 4. CORAM : Manish Pitale, J.

DATED : April 29, 2019.

This is an application for bringing on record legal representatives of the deceased petitioner. For the reasons stated in the application, the same is allowed and the legal representatives are permitted to be brought on record. Consequential amendment be carried out forthwith.

Writ Petition No. 6518 of 2016 Today when the petition is called out, an application is handed over by the learned counsel for rival parties for deciding the petition in terms of the compromise entered into between them.

The application is taken on record and marked "X". Consequently, the petition is disposed of in terms of the compromise stated in the said application. In terms of the compromise, the petitioners have handed over a

WP6518-16.odt demand draft of Rs.7,67,516/ to respondent Nos. 1 and 2 before this Court to the full and final satisfaction of the dues against the petitioners.

2.

It is pointed out that during the course of negotiations leading to the present compromise, the petitioners had handed over a cheque of the said amount to respondent nos. 1 and 2. Since today the demand draft of the said amount has been handed over to respondent nos.1 and 2, the respondent no.1 and 2 undertake to return the said cheque to the petitioners within a period of one week from today. The undertaking is recorded by this Court.

3.

In view of the above, the writ petition is disposed of in terms of the compromise and the impugned orders stand set aside.

JUDGE halwai