1 wp 624.98 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 624 OF 1998 Mahadev Takaram Badave. ... Petitioner Versus Rendal Sahakari Bank Limited and others. ... Respondents ­­­­­ Mr. A.M.Kulkarni for the Petitioner. ­­­­­ CORAM : A.S.OKA, J. DATE : 18 th August, 2011. P.C. 1 Called out for final haring. 2 Heard the learned counsel appearing for the Petitioner. 3 The Petitioner is the opponent No.1 in a dispute under Section 91 of the Maharashtra Co­operative Societies Act, 1960 (hereinafter referred to as “the said Act”) filed by Respondent No.1 – Bank. The Co­operative Court passed an award directing the Petitioner to pay a sum of Rs.3,17,031.55 with interest at the rate of 16% per annum with effect from 1sth April, 1994. Monthly installments 2 wp 624.98 in the sum of Rs.25,000/­ were granted by the Co­operative Court. An appeal was preferred by the Petitioner before the Co­operative Appellate Court for challenging the impugned judgment and award of the Co­operative Court. The appeal was partly allowed. While maintaining the amount of Rs.3,17,631/­ with interest on the sum of Rs. 2,97,367/­ at the rate of 16% with effect from 1 st April, 1994 till the realization of the amount, quarterly installments of Rs.60,000/­ were fixed payable from 30 th September, 1997. 4 There is an affidavit filed by one Mr.K.R.Momin, Manager of the Respondent No.1, which is dated 30 th November, 2007. In the said affidavit, it is stated that after filing of the petition, the Petitioner has paid the entire outstanding amount of Rs.5,38,584/­ to the Respondent No.1 – Bank in full and final settlement of the claim of the Respondent No.1 – Bank. It is stated that the Petitioner cleared all the dues and the loan account has been closed. The extract of the account of the Petitioner has been also annexed to the said affidavit. The learned counsel appearing for the Petitioner states that he has not 3 wp 624.98 received any instructions from the Petitioner. 5 The statements made by Mr.K.R.Momin, Manager of the Respondent No.1 in his affidavit dated 30 th November, 2007 are accepted. In view of the statements made therein and the documents annexed to the said affidavit, nothing survives in the petition and the same is accordingly disposed of. Rule is discharged with no order as to costs. [ A.S.OKA, J ]