(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 13349 of 2009 (In Writ Petition No. 1152 of 2004) Ghanshyamdas Balchandra Ahuja. .. Petitioner. versus The Jintur Urban Cooperative Bank Ltd., and others. .. Respondents. ....................... Mr. S.V. Adwant, Advocate, for the applicant / Bank. (Respondent no.1 in W.P.). Mr. A.L. Tikle, Advocate, holding for Mr. V.D. Salunke, Advocate, for the non-applicant (petitioner in W.P.). Mr. K.G. Patil, Assistant Government Pleader, for the non-applicant / State (Respondent no.2 in W.P.). ........................ (2) CORAM : B.R. GAVAI, J. DATE : 23RD DECEMBER 2010 COURT'S ORDER : 1. This is a Civil Application seeking modification of the order passed by this Court, dated 14th October 2008, in Writ Petition No. 1152/2004. 2. It is submitted that this Court had granted interim relief in favour of the petitioner, taking into consideration that the Bank was not willing to give benefit of one time settlement to the petitioner. Mr. S.V. Adwant, learned Counsel appearing for the applicant, submits that the Bank is now willing to offer the benefit of O.T.S. scheme to the petitioner and, therefore, the petition could be taken up for hearing and disposed of. It is submitted that if the petitioner makes a payment of Rs. 22,24,060.40 Paise, the Bank is willing to settle the matter. 3. Since the petitioner had disputed the quantum of the amount payable by it to the respondent / Bank, this Court vide order dated 8th September 2010, had directed the respondent no. 2 i.e. Assistant Registrar, Cooperative Societies, Parbhani, to file an affidavit stating therein, as to how much amount the writ (3) petitioner would be required to pay, if one time settlement is to be arrived at. 4. In response to the directions issued by this Court, the Assistant Registrar of Cooperative Societies has filed an affidavit dated 22nd December 2010, stating therein, that if the benefit of O.T.S. scheme, as per the norms laid down by the Reserve Bank of India, is to be granted to the petitioner, the petitioner would be required to pay an amount of Rs. 8,45,574.14 Paise. However, this position is disputed by the learned Counsel for the applicant / Bank. He states that the Assistant Registrar has not properly taken into consideration the guidelines of the Reserve Bank of India. 5. In that view of the matter, I do not find that a case is made out for modification of the order dated 14th October 2008, passed in Writ Petition No. 1152/2004. 6. In the result, the Civil Application is rejected. However, the applicant would be always at liberty to make an application to the Assistant Registrar of Cooperative Societies, for re-determining the amount which the petitioner is required to pay on account of O.T.S. scheme, and if such an (4) amount is determined by the Assistant Registrar, the Bank would be at liberty to move this Court for taking up the matter for hearing and disposal. ( B.R. GAVAI ) JUDGE ......................... bgp/13349ca