(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 10940 OF 2010 Shri Daulatrao @ Avinash s/o. Nagorao Jadhav, Age : 35 years, Occupation : Service and Vice-President of Vishwamitra Shikshan Prasarak Mandal, Waluj, District : Aurangabad. .. Petitioner. versus 1. The State of Maharashtra, Through Secretary, Department of Cooperation, Mantralaya, Mumbai. 2. The District Deputy Registrar, Cooperative Societies, Aurangabad. 3. The Malkapur Urban Bank Ltd., Malkapur, Branch Waluj, Aurangabad, Dist. Aurangabad, Through its Branch Manager. .. Respondents. ....................... Mr. S.S. Thombre, Advocate, for the petitioner. Mr. N.B. Khandare, Government Pleader, for respondent nos.1 and 2. Mr. L.D. Vakil, Advocate, for respondent no.3. (2) ........................ CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 13TH DECEMBER 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. By way of present petition, the petitioner seeks a direction to the petitioner and, particularly respondent no.3, to accept the amount from the petitioner and to hand over possession of the premises to the petitioner. 2. It is the submission of the petitioner, that one Janta Shikshan Prasarak Mandal, Waluj, Aurangabad, had taken loan from the respondent no.3 and that the building where the petitioner is running the D.Ed. College, was mortgaged. It is submitted that, however, said Janta Shikshan Prasarak Mandal failed to pay the instalments regularly and, as such, the respondent no.3 has approached the Cooperative Court under Section 91 of the Maharashtra Cooperative Societies Act, 1960, and an award has been passed in favour of respondent no.3. 3. It is submitted that in pursuance to the award passed in the said dispute, an agreement has been arrived at, between (3) the parties, according to which the petitioner has undertaken to pay an amount of Rs. 10,00,000/- as one time settlement. It has further been undertaken by the petitioner, that if the amount is not paid prior to 31st March 2008, the possession of the building, wherein the petitioner is running D.Ed. College, would be handed over to the respondent no.3. Since the entire amount, as agreed, was not paid, the possession of the building has been taken by the respondent no.3. The petitioner has, therefore, approached this Court. 4. During the course of hearing, an agreement has been arrived at, between the parties, that the petitioner shall pay an amount of Rs. 6,50,000/-, towards full and final settlement, to the respondent no.3. It is also agreed that the amount shall be paid in instalments. However, the parties have failed to agree, in so far as issue of possession is concerned. The petitioner insists that the possession should be given back to them, after payment of Rs. 2,00,000/- is made on 14th December 2010, whereas according to respondent no.3, the possession should be given to the petitioner, on payment of second instalment. Copy of the consent terms is taken on record and marked as "X-1" for identification. 5. The petitioner has also filed an independent (4) undertaking, which is also signed by his Counsel, stating therein that he shall repay the amount in three instalments, as stated therein. He has further stated that in the event, there is default in payment of any instalment, he has no objection for forfeiture of the amount deposited till then and that, he shall hand over vacant and peaceful possession to the respondent no.3, in the event of default in payment of any of the instalments. Copy of the said undertaking is taken on record and marked as "X" for identification. 6. In that view of the matter, we find that the petition can be disposed of by passing following order. 7. Hence, we pass the following order : (i) The petitioner shall deposit an amount of Rs. 2,00,000/-, on 14th December 2010, in this Court; a further amount of Rs. 2,00,000/-, in this Court, on or before 14th January 2011, and the remaining amount of Rs. 2,50,000/-, in this Court, on or before 14th March 2011. (ii) On deposit of the said amounts, the respondent no.3 shall be at liberty to withdraw the said amounts. Needless to state, that for withdrawal of the said amounts, the respondent no.3 (5) shall not be required to make any separate application. (iii) On deposit of the said amount of Rs. 2,00,000/- on 14th December 2010, in this Court, and upon withdrawal thereof by the respondent no.3, the respondent no.3 shall hand over possession of the premises, in question, to the petitioner. (iv) In the event, if there is a default in payment of the three instalments, as aforesaid, the amount deposited by the petitioner shall stand forefeited and the petitioner shall hand over vacant and peaceful possession of the premises to the respondent no.3. In addition, the respondent no.3 shall be at liberty to take such steps for recovery of the amount, as are permissible in law. 8. With these directions, the petition is disposed of. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp10940