1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.695 OF 2006 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr.P. V. Mandlik, Senior Counsel for appellant. Mr.S. V. Adwant, Advocate for respondent no.1. ...... [ CORAM : K.U.CHANDIWAL, J. ] DATE : 28th January, 2010. PER COURT : 1. Heard Mr.Mandlik, the Senior Counsel for the appellant-borrower and Shri.S. V. Adawant for the respondent no.1 Bank. The Bank Officer Shri.Sharad Somkuwar present. During the course of submission, several issues as to the limitation were addressed particularly in the light of the documents. 2. On instructions Mr.Adawant makes statement, upon the appellant borrower depositing an amount of Rs.2,53,197.11 2 with the Bank upto 25th March, with interest at the rate of 6% p.a. from the date of suit i.e. 31st August, 2004, the Bank will not prosecute for the rest of the amount, though there is decree in favour of the Bank. It is clarified that, the date of deposition is essence of the submission on 25th March, 2010. 3. Mr.P. V. Mandlik, the Senior Counsel on instructions agree to the above proposal and on behalf of his client it is assured to comply the same. With this the first appeal and the application disposed of. The bank is at liberty to withdraw an amount of Rs. 50,000/- deposited by the appellant on 12th January, 2007 and to adjust the same against the above amount. [ K.U.CHANDIWAL ] JUDGE gas/fa695.06