Disposed

Janakalyan Sahakari Bank Ltd. and Anr. v. the Divisional Joint Registrar - Co-Operative Societies

Bombay HC17 Apr 2012WP/6690/2008

Case brief

AI extract

What is this about?

This judgment records the disposal of two writ petitions via modified Consent Minutes. The Court approved a fresh order dated April 17, 2012, substituting an earlier consent order of February 13, 2012, to reflect a Tripartite Understanding reached between the petitioner Bank, respondents, and M/s. Fancy Corporation Ltd.

What did the court decide?

The earlier Consent Minutes dated 13th February 2012 were modified by the new Consent Minutes dated 17th April 2012.

Janakalyan Sahakari Bank Ltd. and Anr. Vs the… — Writ and Judicial Review | Bombay HC (2012)

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srp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 6690 OF 2008

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Janakalyan Sahakari Bank. Versus

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..Petitioners.

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The Divisional Jt. Registrar, Co-op. Societies, Mumbai and Others. ..Respondents.

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AND

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WRIT PETITION NO. 6700 OF 2008

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Janakalyan Sahakari Bank. Versus The Divisional Jt. Registrar, Co-op. Societies, Mumbai and Others.

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..Petitioners.

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..Respondents.

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Dr. Birendra Saraf with Mr. Nikhil Rajani i/b M/s. V.Deshpande & Co., for the petitioners.

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Mr. Devendra Desai for respondent nos. 3 & 4.

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Coram : RANJIT MORE, J. Date : April 17, 2012 .

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P. C. :

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Heard. Both the writ petitions were disposed of by Consent Minutes of Order dated 13^th February 2012. Subsequent thereto, the Tripartite Understanding dated 12^th March 2012 was arrived at between the petitioner and

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respondent nos.3 to 5 alongwith one M/s. Fancy Corporation Ltd, the acceptor of bills of exchange, which are subject matter of aforesaid writ petitions.

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Under the said Tripartite Understanding dated 12^th March 2012, M/s. Fancy Corporation Ltd has agreed to settle the claims of all the parties in the manner as more particularly set out and recorded in the said Tripartite Understanding.

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Today, therefore the parties have filed fresh Consent Minutes of Order. Annexure-A to the said Consent Minutes of Order, is a copy of the Tripartite Understanding dated 12^th March 2012 arrived at between the petitioner and respondent nos. 3 to 5 with said M/s. Fancy Corporation Limited. In the said Tripartite Understanding, the Fancy Corporation Ltd has agreed to settle the claims of all parties.

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In the above circumstances, the parties have moved for modification of the earlier Consent Minutes of Order dated 13^th February 2012 passed by this Court. Today, the parties have tendered fresh Consent Minutes of Order (in

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duplicate) for substituting the earlier Consent Minutes of Order dated 13^th February 2012, same are taken on record and marked “X” for identification and dated as “Consent Minutes of Order dated 17^th April 2012”.

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Consent Minutes of Order tendered today is signed by one Mr. Bhimrao Jadhav, officer of the petitioner– Bank, Mr. Manoj Shah, [who is respondent no.4 in the Writ Petition and partner of respondent no.3] for himself and respondent no.5 alongwith their respective advocates. Both Mr. Jadhav and Mr. Shah are present in the Court. On query, they stated that they have gone through the Consent Minutes of Order tendered today and they have understood the contents thereof. They requested to modify the earlier Consent Minutes of Order dated 13^th February 2012 as per the Consent Minutes of Order tendered today. In the circumstances, the Consent Minutes of Order dated 13^th February 2012 is modified by the present Consent Minutes of Order dated as 17^th April 2012.

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(RANJIT MORE, J.)

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Janakalyan Sahakari Bank Ltd. and Anr. v. the Divisional Joint Registrar - Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Janakalyan Sahakari Bank Ltd. and Anr. v. the Divisional Joint Registrar - Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

Case details

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