1 wp1924-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ttm WRIT PETITION NO.1924 OF 2010 Shiv Shankar Lal Gupta and Anr. .. Petitioners Vs. State Bank of India and Ors. .. Respondents Mr.Prakash Shinde for the petitioners Mr.S.H.Patel for respondent no.1 CORAM : D.B.BHOSALE & K.K. TATED, JJ. DATE : 16TH NOVEMBER, 2011. P.C. 1. Heard the learned counsel for the parties. 2. The learned counsel for the petitioners states that the petitioners have satisfied the claim of respondent banks as per the order of the Supreme Court dated 17.10.2011 passed in Special Leave to Appeal (Civil) No.21787 of 2011 and, therefore, he prays for withdrawal of the petition. 3. We have perused the order of the Supreme Court which reads thus: “Delay condoned in Special Leave Petition (Civil) No... CC 16245/2011. We have heard learned counsel for the parties. The parties have agreed to settle all their disputes on the following terms: 1. The petitioners shall ensure that the buyer for Jaipur 2 wp1924-10.doc property (being "Ganga Vihar", 4 Sardar Patel Marg, Jaipur) M/s. Mango People Homes LLP shall directly pay by RTGS/demand draft, to State Bank of India a sum of Rs.31 crores within four weeks from today; 2. Upon receipt of Rs.31 crores, the Bank shall hand over the possession of Malabar Hill flat being Flat No.7A and 8A, Com Trust premises Cooperative Housing Society Ltd.,9-11, Ridge Road, Malabar Hill, Mumbai, within 3 days thereafter; 3. Remaining amount of Rs.3,18,06,379.66 including agreed interest thereon shall be paid on or before 31st May, 2012. 4. (a) Upon receipt of the said entire amount due and payable to the Bank, the Bank shall release the title deed of Malabar Hill flat; (b) Upon receipt of Rs.31 crores within one week, the Bank shall issue No objection letter in favour of the petitioner, for sale of the property at Jaipur and for release of the title deeds (presently lying with High Court of Bombay); the Bank shall also release the title deed in respect of factory premises at Jaipur. 5. In the event of default, on the aforesaid agreed terms or in payment of installments, the Bank shall be entitled to proceed against the petitioner, in accordance with law. 6. The present settlement is in full and final; all litigations between the parties shall come to an end; parties shall have no claims against each other; both the parties shall withdraw all litigations, upon payment of entire due amount. The special leave petitions stand disposed of accordingly." 3 wp1924-10.doc 4. There is no dispute that Rs.31 crores as mentioned in para 2 of the order of the Supreme Court, the petitioners have paid the same to respondent no.1 bank . 5. The learned counsel for respondent no.1 bank confirms that they have received the said amount. Insofar as remaining amount as mentioned in para 3 of the order is concerned, the petitioners undertake to pay the said amount as per the said order on or before 31.05.2012. Their undertaking is accepted. 6. As observed in para 1 and para 4(b) of the order of the Supreme Court, the title deeds mentioned therein, be released in favour of the petitioners. The learned counsel for respondent bank has no objection for releasing those documents in favour of the petitioners. The learned counsel for the petitioners, in view of the above, prays for withdrawal of the writ petition. 7. Writ Petition is disposed of as withdrawn. 8. Parties to act on the authenticated copy of this order. (K.K. TATED, J.) (D.B. BHOSALE, J.)