Writ petition challenging tribunal orders was disposed via a joint settlement memo whereby petitioner settled loan with respondent bank and received original documents.
Writ petition disposed in terms of the joint settlement memo; original documents to be handed over immediately after realization of demand draft.
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NC: 2024:KHC-D:16309 WP No. 108123 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.108123 OF 2015 (CS-DAS)
BETWEEN:
M/S K.S. MAMDAPUR, THE PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNERS
…PETITIONERS
(BY SRI VITTHAL S. TELI, ADVOCATE)
AND:
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka
…RESPONDENTS
(BY SRI SUIL S. DESAI, ADVOCATE FOR R2; NOTICE ISSUED TO R1 IS SERVED, BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE JUDGMENT DATED 29.05.2015, PASSED IN APPEAL NO.681/2006 AND 133/2007 BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU VIDE ANNEXURE-P. ISSUE WRIT OF
MANDAMUS OR ANY OTHER WRIT OR ORDER DIRECTION DIRECTING THE RESPONDENT NO.2 TO DELIVER THE ORIGINAL DOCUMENTS WITH RESPONDENT NO.2 WHICH WERE HANDED OVER AT TIME OF AVAILING THE LOAN AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The petitioners and respondent No.2 have filed a
joint memo which reads as follows:
“JOINT MEMO
HEREIN, the memo on behalf of the petitioner and respondent no.2 is as under:
The petitioner and respondent no.2 during the pendency of the above Writ Petition, taking note of the longstanding dispute have resolved to settle the dispute amicably on following terms:
1. The petitioner & respondent no.2 have compromised and entered into settlement in respect of issue in question in so far as it relates to liability of payment of loan amount by the petitioner in favour of the respondent no.2 bank.
2. The parties have amicably settled the matter outside the court since the discharge of sanctioned loan payment of Rs. 15,00,000/- dated 02-02-1999, is long pending. the petitioner and the respondent no.2 have agreed to settle & discharge the loan amount by making payment of Rs. 19,10,000/- (Rupees Nineteen Lakhs Ten
Thousand Only) as against the entire loan amount along with interest and other expenses. Accordingly the respondent no.2 bank has agreed to receive the said amount of Rs. 19,10,000/- towards full and final payment of principal outstanding interest @ 8% p.a. with all other expenses. The petitioner has taken a Demand Draft bearing D.D.No.028357 dated 06-11-2024 for Rs. 19,10,000/- which is handed over to the General Manager of the respondent no.2 Bank today and the same is acknowledged. In view of the settlement the respondent No.2/Bank will hand over the original documents to the petitioner Immediately after realization of the aforesaid D.D. amount.
3. The terms of this settlement is in the benefit of the respondent no.2-bank as there is long pending dispute regarding the loan due from petitioner will be resolved finally. The Board of Directors has also accorded its approval for this settlement.
Hence, the petitioner and the 2nd respondent request this Hon'ble Court to dispose of the Writ petition in terms of the Joint memo, in the interest of justice & equity.”
In view of the joint memo, the writ petition is
disposed off in terms of the said joint memo.
Sd/(C.M. POONACHA) JUDGE
SSP CT-ASC List No.: 1 Sl No.: 47
1 provisions across 1 enactments
M/S K.S. MAMDAPUR, THE PARTNERSHIP FIRM
THE MARATHA CO - OPERATIVE URBAN BANK LTD.
THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
