1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1764 OF 2009 IN WRIT PETITION NO.2231 OF 2007 Associated Plasmatron Pvt. Ltd. & Anr. .. Applicants. Vs. 1.The Asst.Registrar, Co-operative Societies & Ors. .. Respondents. Mr.B.G.Vaidya for the applicants. Mr.Rajesh Takale for respondent no.2. Mr.S.K.Chinchalikar A.G.P. for the State. Coram: D.B. BHOSALE, J. Dated : 7TH AUGUST, 2009 P.C. . Heard learned counsel for the parties. 2. In this civil application, the applicants have made the following prayer : “(a) That this Hon’ble Court be pleased to direct the office of the Registrar General, Appellate Side, to issue cheque for refund of the amount of Rs.8,00,000/- with interest in the name of Petitioner No.1.” 3. Writ Petition No.2231 of 2007 was directed against the 2 recovery certificate issued by the Assistant Registrar on 30.5.2003 under section 101 of the Maharashtra Co-operative Societies Act, 1960, for recovery of an amount of Rs.16,22,930/- from the borrower, who was respondent no.4 in the petition. The applicants were guarantors for the said loan. The recovery certificate was confirmed by the Divisional Joint Registrar, Co- operative Societies, Mumbai, vide his judgment and order dated 30.12.2006 and against that order the applicant filed the above writ petition. In the writ petition this court had directed the applicants to deposit a sum of Rs.8,00,000/- and accordingly the applicants deposited the sum in this court. Thereafter the writ petition was rejected summarily vide order dated 24.4.2008. While disposing of the writ petition no orders in respect of the amount that was deposited by the applicants was passed. The order of this court dated 24.2.2008 passed in writ petition No. 2231 of 2007 was thereafter carried to the Supreme Court and S.L.P. filed by the applicants was also dismissed. Thereafter there was one time settlement between the applicants and the bank. In terms of the one time settlement agreement, it was agreed that the applicants shall withdraw the amount, that was deposited in this court and deposit the same with the bank. Counsel for respondent no.2 – bank has no objection for allowing the petitioners to withdraw the amount and to deposit the same with them. In the circumstances I am satisfied that the 3 following order shall meet the ends of justice: The petitioners are allowed to withdraw the amount with accrued interest, if any, by cheque to be issued in favour of respondent no.2 – bank. Office is directed to issue a cheque of the amount in favour of the respondent - bank which the applicants shall deposit with the bank within a period of one week from the date of issuance of the cheque. With these directions the civil application is disposed of. (D. B. Bhosale, J.)