(WP 8698 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8698 OF 2010 Shivaji Bahiru Mane-Patil ...Petitioner Vs. The Islampur Urban Co-op. Bank Ltd. and Ors. ...Respondents ----- Mr. Manoj Kadam i/b. Mr. Pratap Patil Mr. Amit Borkar i/b. Mr. V.V. Purwant for Respondent No.1 and 4 ----- CORAM: V.M. KANADE J. DATED: 9th February, 2011 P.C. 1. The Petitioner and the Respondent Nos.1 and 4 have settled the dispute. The Petitioner was a guarantor in respect of loan which was given by the Respondent No.1 to the Respondent No.2. Since the said loan amount was not repaid, the bank obtained a recovery certificate under section 101 of the Co-operative Societies Act. This order has become final since it was not challenged either by the principal borrower or by the Petitioner herein. The Petitioner has deposited the entire decreetal amount in the Co-operative Court and has no objection if the bank withdraws the same as full and final payment of (WP 8698 of 2010) arrears of the outstanding dues in respect of the loan account of Respondent No.2. 2. This being the position, in my view, it is not possible to obtain the consent of the Respondent No.2. The Petitioner is always at liberty to take out appropriate proceedings against the principal borrower for recovery of the amount paid by him to the bank. Minutes of order is taken on record and marked 'X' for the purpose of identification. The Minutes of order is signed by the Advocate for the Petitioner, the Advocate for the Respondent Nos.1 and 4 and the learned AGP for the State. The writ petition is, accordingly, disposed of in terms of the Minutes of order. (V.M. KANADE J.)