Dr. Rajaram Nilkant Naik And ANR., v. The Goa State Co-Op. Bank Ltd, Rep. By Its Chief Executive Officer And 3 ORS

IN THE HIGH COURT OF BOMBAY AT GOA

GOA STATE LEGAL SERVICES AUTHORITY LOK ADALAT Sitting :- 12th March, 2016 Panel - 1:SHRI JUSTICE N. A. BRITTO, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER & SHRI J. E. COELHO PEREIRA, (SENIOR ADVOCATE) MEMBER & SHRI M. P. ALMEIDA, (ADVOCATE) MEMBER FIRST APPEAL NO. 60 OF 2010 DR. RAJARAM NILKANT NAIK AND ANR., ... Appellants

Versus

THE GOA STATE CO-OP. BANK LTD, REP. BY ITS CHIEF EXECUTIVE OFFICER AND 3 ORS ... Respondents Appellant No. 1 is present with Advocate Gajendra Usgaonkar. Respondent No. 1-Bank is represented by Mr. S.M.Redkar and is present with Advocate R. Rivankar.

Respondent No. 2 is present in person.

O R D E R

The parties present agree as follows:

(1) On behalf of respondent no.1-Bank, it stated that they have no claim in respect of the loan advanced to respondent no. 2 and they also have no interest in the factory shed in Plot No. 'E' as the loan has been satisfied and the account is closed.

(2) The parties state that the dispute as regards the factory shed in Plot No. 'E' between both the brothers namely, appellant no. 1 and respondent no. 2 shall be decided in the pending Regular Civil Suit No. 91/2002/D.

(3) Respondent no. 2 undertakes not to alienate the said shed alongwith the plot, pending the decision in the said suit.

(4) The Bank clarifies that Plot No. 'E' was not mortgaged to them. First Appeal No. 60/2010 is disposed of on the above terms. SHRI JUSTICE N. A. BRITTO, (FORMER JUDGE OF HIGH COURT OF BOMBAY AT GOA) PRESIDING OFFICER SHRI J. E. COELHO PEREIRA, (SENIOR ADVOCATE) MEMBER SHRI M. P. ALMEIDA, (ADVOCATE) MEMBER EV