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Bombay High CourtWP/8516/2019allowed to be withdrawn

Atmaram S/O Vitthalrao Yashwant v. Regional Workshop Employees Cooperative Society Ltd., Through Its Employee, Sau. Usha Ajayrao Thoka

2021-10-11Hon'Ble Shri Justice Nitin B. Suryawanshi1 pages

1 wp8516.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.8516 OF 2019 [Atmaram s/o Vitthlrao Yashwant .vs. Regional Workshop Employees Cooperative Society Limited and others] ------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court' s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders ------------------------------------------------------------------------------------------------------------------------------------------------------------ Shri Sandeep N. Nandeshwar, Adv. a/w Shri N.T. Gwalwansh, Advocate for the petitioner, Shri V.C. Pawanikar, Advocate for respondent no.1. ...........

CORAM : N.B. SURYAWANSHI, J.

DATED : OCTOBER 11, 2021.

The pursis dated 30.09.2021 is filed by the learned Advocate for the petitioner stating that the dispute between the parties is settled as per the mutual settlement dated 26.10.2020 and the respondent-Bank has already withdrawn the execution proceeding filed against the petitioner. No objection certificate is issued in favour of the petitioner on 3.11.2020, which is placed on record along with the pursis. In the pursis dated 3.11.2020, the respondent no.1 Bank has stated that the petitioner has cleared the dues as per the settlement on 26.10.2020 and the loan account of the petitioner is closed. Hence, the respondent no.1 does not intend to prosecute the execution petition filed by them. In view of the settlement, the writ petition is allowed to be withdrawn.

The amount of Rs.50,000/- deposited by the petitioner in terms of order dated 24.12.2019 be refunded to the petitioner.

(N.B. Suryawanshi, J.) Gulande