HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29102 of 2011 Date: November 03, 2011 Between: M/s. Ganesh Industries, Rep. by its Proprietor D. Dhananjaya Rao, Ganapavaram, Guntur District … Petitioner And 1. The Bank of India, rep. by its Chairman and Managing Director, Mumbai & another. … Respondents * * * HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29102 of 2011 O R D E R: Petitioner, who is a borrower from the respondent bank, has initiated a settlement with the bank. Accordingly the bank has issued letter dated 23.9.2011 proposing certain terms and conditions for settlement of the dues by way of compromise. This writ petition is filed only to the extent of ventilating grievance on condition 5(ii) of the said letter, wherein the respondent bank has imposed a condition on the petitioner that he should withdraw the suit O.S.No.703 of 2007 against the officers of the bank and others. 2. Learned counsel for the petitioner, on the last date of hearing, had made a categorical statement accepting withdrawal of the said suit as against the bank, who was arrayed as 4th defendant. In view of that, notice was ordered to be issued to the bank to enable the learned standing counsel to get instructions. 3. Sri S. Surya Prakash Rao, learned counsel who appears for the bank, fairly submits that if the petitioner withdraws the suit O.S. No.703 of 2007 so far as the 4th defendant bank is concerned as mentioned in the settlement proposal, the bank would have no difficulty in going through the settlement in terms of the letter of the bank dated 23.9.2011. 4. In view of the same and in view of the undertaking of the petitioner to withdraw the said suit O.S. No.703 of 2007 on the file of V Additional Senior Civil Judge, Guntur, so far as the 4th defendant bank is concerned, the grievance of the petitioner in this writ petition does not survive. 5. Recording the above, the writ petition is dismissed. No order as to costs. ____________________________ VILAS V. AFZULPURKAR, J Date: November 03, 2011. BSB