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Bombay High CourtFA/296/2024disposed off

Mr. Surendra Singh Jaiswal v. Canara Bank And ANR.

2024-10-22Hon'Ble Justice Sharmila U. Deshmukh2 pages

2024:BHC-AS:42812 3-FA-296-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 296 OF 2024 WITH INTERIM APPLICATION NO.637 OF 2024 WITH CIVIL APPLICATION NO.1305 OF 2019 Mr. Surendra Singh Jaiswal ...Appellant/ Applicant

Versus

Canara Bank And Anr.

...Respondents.

------ Adv. Siddharth Sumantray i/b Mahesh K. Shah for the Appellant. Adv. Sarswati Rajpurohit i/b Representative of Respondent Bank Mr. Promod Kumar Vishwakarma (Chief Manager.

------ Coram : Sharmila U. Deshmukh, J.

Date : October 22, 2024.

P. C. :

1.

The dispute came to be amicably settled between the parties. The Appellant herein has handed over a demand draft No. 124935451 dated 19th October, 2024 for a sum of Rs. 1,07,184/- drawn in favour of the Respondent i.e. Canara Bank in full and final settlement of the decree impugned in the present case i.e. decree dated 19th August, 2017 passed in Suit No. 4149 of 2010 by the Bombay City Civil Court at Bombay.

2.

Mr. Pramod Kumar Vishwakarma appears in-person on behalf of the Respondent Bank and acknowledges the receipts of the Demand Draft and the satisfaction of the impugned judgment and decree. The Harish 1 of

3-FA-296-2024.doc said official has also handed over the original agreement of sale in respect of mortgaged flat to the Appellant who is present in-person. His identity is verified by his Advocate on record. 3.

Learned counsel for the Respondent Bank submits that the No Objection Letter from M/s. Moraj Construction Pvt. Ltd. dated 29th December, 2001 as well as the receipt dated 28th June, 2001 for payment of Rs. 11,400/- to the Government for registration which was submitted to the Respondent along with No Dues Certificate will be handed over to the Appellant within a period of one week from today. 4.

Appeal stands disposed of in the above terms. [Sharmila U. Deshmukh, J.] Harish 2 of Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 25/10/2024 17:49:35