SCA/6157/1995 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6157 of 1995 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= DUSHYANT CHHOTALAL BHATT - Petitioner(s) Versus SPECIAL RECOVERY OFFICER & 3 - Respondent(s) ========================================================= Appearance : MR AJ SHASTRI for Petitioner(s) : 1, MR PV NANAVATI for Respondent(s) : 1, MR VIBHUTI NANAVATI for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 2, RULE UNSERVED for Respondent(s) : 3, RULE SERVED for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 03/04/2008 ORAL JUDGMENT SCA/6157/1995 2/3 JUDGMENT The petitioner has preferred the petition for challenging the attachment notice dated 14th July, 1995 and it is prayed to restrain the respondents from taking any steps in response to the same. The petitioner has also prayed to direct the respondent to forthwith refund the amount of Rs.12,000/- taken from the petitioner with interest. 2. When the matter is taken up for final hearing, Mr. Shastri, learned counsel for the petitioner places on record the communication addressed by the respondent – Bank to the petitioner dated 15th March, 2008, copy whereof is given to him by Mr. Vibhuti Nanavati for the respondent – Bank stating that if the petitioner pays the amount of Rs.5,000/- towards outstanding amount, 'No Due' certificate shall be issued by the respondent- Bank. 3. Mr. Shastri further states that the petitioner is ready to pay the amount of Rs.5,000/- within two weeks and upon such payment, the Bank may issue the 'No Due' certificate, as per the letter dated 15th March, 2008, copy whereof is produced today. 4. In above view of the matter, the respondent – Bank shall abide by the letter dated 15th March, 2008. Further, since the petitioner is to pay up the amount and 'No Due' certificate is to be issued as recorded hereinabove, the question of attachment or recovery of any amount by the petitioner from the Bank, which are subject matters of the petition, would not SCA/6157/1995 3/3 JUDGMENT survive. The petition shall stand disposed of accordingly. Rule made absolute accordingly. No order as to costs. ( Jayant Patel, J. ) hki