:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 2541 OF 2008 APPLICATION NO. 2541 OF 2008 APPLICATION NO. 2541 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO. 5183 OF PETITION NO. 5183 OF PETITION NO. 5183 OF 2006 2006 2006 Studio Musica, Proprietor Sau. Hemlata Vijay Vedant & Anr. ...Applicants. V/s. Vasantdada Shetkari Bank Ltd. & Ors. ...Opponents. Mr. Ashutosh M. Kulkarni for the Applicants. Mr. S.S. Patwardhan for the Opponents. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 15TH 15TH 15TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . This Civil Application prays for directions to the First Respondent - Bank not to take any coercive steps until a decision is reached by it in relation to the proposal for settlement. 2. It is not disputed before me that the main Writ Petition is disposed off on a statement made by the Applicant/Petitioner’s Advocate. The Applicant/Petitioner was to deposit the sum set out in the order by 31st October 2008. Admittedly, this sum is not deposited but it is stated that the some without prejudice, proposals for settlement are forwarded. 3. The Bank has not yet taken a decision and :2: therefore, the direction that no coercive steps be initiated should be extended so that the parties put an end to the dispute. This is the request of Mr. Kulkarni, appearing for the Applicant. 4. In my view, the developments with regard to submission of a proposal of settlement under one time settlement scheme or otherwise, are matters which have arisen after the Writ Petition was disposed off. Atleast, the letters which are annexed to the Civil Application are subsequent to my order. Therefore, the Civil Application is not the remedy of the Applicant/Petitioner. The main matter is disposed off and therefore, no directions can be issued as prayed in the Civil Application. Hence, the Civil Application is disposed off with liberty to the Applicant to adopt appropriate proceedings. 5. At this stage, Mr. Kulkarni on instructions from the Applicants states that they desire to deposit a sum of Rs.7,00,000/- and seeks directions to the Bank to consider the proposals of settlement expeditiously. 6. Mr. Patwardhan, appearing for the Bank states that the Bank would take a decision within such time as is stipulated by the Court. Accordingly, the following order :- (a) If the Petitioners/Applicants deposit a sum of :3: Rs.7,00,000/- with the Divisional Joint Registrar, Kolhapur within a period of two weeks from today and forwards the proof of such deposit to the First Respondent - Bank, then, the First Respondent - Bank to take a decision on the request of the Applicant for settlement under any prevalent scheme and communicate the said decision within a period of two weeks from the date of the receipt of the proof of deposit. (b) After the decision is communicated to the Applicant for a period of four weeks from the date of receipt of such communication, the Divisional Joint Registrar not to permit the First Respondent - Bank to withdraw the amount of Rs.7,00,000/- deposited with him with accrued interest. Within this period, the Applicants should adopt appropriate proceedings to challenge the decision of the Bank, if adverse to them. Needless to state that if the Applicants do not adopt appropriate proceedings, then, the Bank shall be entitled to withdraw the sum deposited with the Divisional Joint Registrar with accrued interest and adjust it against its dues. It will also be at liberty to adopt such proceedings coercive or otherwise for recovery of the balance sum from the Applicant. (c) However, for the Applicants to deposit the sum :4: and the Bank to take a decision as directed above for a period of 12 weeks from today, the Bank shall not initiate any coercive steps to recover the amount under the recovery certificate. (d) Mr. Kulkarni makes a statement that after the amount is deposited by him with the Divisional Joint Registrar while furnishing proof of such deposit to the First Respondent - Bank, the Applicant shall forward a proposal for settlement in the requisite form accompanied by relevant documents. (e) Needless to add that if the Applicants do not deposit the amount with the Divisional Joint Registrar in two (2) weeks, then, they will loose the benefit of this order and the Bank can recover the amount by execution of the Recovery Certificate, in accordance with law. 7. The Civil Application is disposed off accordingly. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)