1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2978 OF 2009 1. Dr. Sharad s/o. Anant Samb, Age 61 yrs., Occu. Medical Practitioner, R/o. 42/1-A, Plot No. 6, Gulmohar Marg, Ahmednagar. 2. Suresh s/o. Dagaduba Shinde, Age 61 yrs., Occu. Retired, R/o. Usav Forging Ltd., C-38, M.I.D.C., Ahmednagar. 3. Vasant s/o. Shahurao Kapre, Age 59 yrs., Occu. Retired, R/o. Yeshwant Colony, Aurangabad Road, Ahmednagar, Dist. Ahmednagar. 4. Nareshkumar s/o. Gopalrao Vohra, Age 65 yrs., Occu. Agri., R/o. Gopal Bunglow, behind Samarth Vidya Mandir, Savedi, Ahmednagar. ....Petitioners. Versus 1. The State of Maharashtra 2. The Presiding Officer, Debt Recovery Tribunal, Aurangabad. 3. Bank of Baroda, A body Corporate duly constituted under The Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970, and having its head office At Mandavi Baroda, and amongst other places having its Branch Office At Ahmednagar, Tq. Nagar, Dist. Ahmednagar. ....Respondents. Shri. A.N. Kakade, Advocate for petitioners. Shri. K.M. Suryawanshi, A.G.P. for respondent No. 1. Shri. D.R. Markad h/f. Shri. M.S. Taur, Advocate for respondent No. 3. 2 CORAM : R.K. DESHPANDE, J. DATE : 15th June 2010. ORAL JUDGMENT : 1. This writ petition challenges the judgment and order dated 25.3.2009 passed by the Debt Recovery Tribunal at Aurangabad. The Debt Recovery Tribunal has passed an order that order of attachment dated 8.11.2006 passed before the judgment below Exh. 17 which is still continued vide judgment dated 12.7.2007 passed by the Tribunal in O.A.No. 69/2005 shall remain in force till satisfaction of the amount in full as specified in the certificate. The Recovery Officer, D.R.T. at Aurangabad was directed to restore the R.P.No.76/2007 and to proceed further in accordance with law for recovery of the amount of debt from the applicants in pursuance of the certificate issued as per the judgment dated 12.7.2007 passed in O.A.No. 69/2005. 2. Notice in this matter was issued on 7th of May 2009. The learned counsel Shri. D.R. Markad holding for Shri. M.S. Taur, appears for respondent No. 3 - Bank of Baroda. All other respondents are served. The learned counsel for the parties agree that the matter can be finally disposed of at this stage. Hence, Rule, made returnable forthwith. With the consent of parties the matter is taken up for final disposal at the stage of admission. Respondent Nos. 1 and 2 are formal parties and it is not necessary to issue fresh notice of final disposal to respondent Nos. 1 3 and 2. 4. In response to the petition, the respondent No. 3/Bank has filed an affidavit and in para 4 and 5 of the said affidavit, it is stated, as under :- "4] The deponent submits that, deponent bank has submitted its say before the Recovery Officer at Exh. C stating that, the account of the borrower applicant has been closed and hence bank has no objection regarding vacating the attachment order. 5] In view of the above say, filed in the Recovery Proceedings the bank has no objection for vacating the attachment order as prayed by the original petitioners. The account of the petitioners have been closed down in view of settlement. The petitioners have also paid the amount of Rs. 8,00,000/- to the bank. Hence, this short affidavit in reply." 5. The learned counsel for the parties inform that the aforesaid statements are made in the affidavit in view of the fact that the matter is already settled between the parties and payments have already been made. 6. In view of above, the order dated 25.3.2009 passed by the Debt Recovery Tribunal at Aurangabad in M.A. No. 20/2008 is hereby quashed and set aside. Rule is made absolute in aforesaid terms with no order as to costs. [ R.K. DESHPANDE, J. ] ssc/wp2978.09