1 wp5660-61.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET WRIT PETITION NO.5660 OF 2009 Sou Arifa Mukhtar Shaikh ...Petitioner vs. Jagvallabh Parshvanath Nagri Sahakari Pat Sanstha Ltd. & Ors. ...respondents AND WRIT PETITION NO.5661 OF 2009 Mukhtar Ahamad Mahamood Shaikh ...Petitioner vs. Jagvallabh Parshvanath Nagri Sahakari Pat Sanstha Ltd. & Ors. ...respondents Mr.Amit Sale for the petitioner Mr.Pratap patil i/b Mr.Ashok Chougule for the respondent CORAM: A.S.OKA,J. DATE : OCTOBER 18,2010 P.C.: 1 Heard learned counsel for the petitioner. In both the petitions, challenge is to the Award made by the Co-operative Court against the petitioner directing payment of certain amount and confirmation thereof by the Co-operative Appellate Court. In the impugned Judgment and order of the Appellate Court in both the petitions, it is observed thus : During the course of arguments, the learned Advocate of appellant reveals that the trial court has passed 2 wp5660-61.sxw reasoned judgment. The agreed rate of interest was 21% p.a in case default 2% penal interest. The trial court by taking lenient view granted interest @ 16% p.a on the principal of Rs.2,50,000/- from 16.10.2000 till full realization of the amount and further liberty is granted to repay the decreetal amount of Rs.3,93,789/- with easy installments of Rs.8,000/- without inserting default clause. Accordingly learned Advocate for appellant find that judgment of the trial court is very reasonable and he has no objection to dispose off it without considering any other aspect. The other side has no objection if not claimed costs. (emphasis added) 2 Thus, what is recorded in the impugned orders is that in appeal preferred by the petitioner, the Advocate for the petitioner accepted that the impugned Judgment and award of the Co-operative Court was reasonable. 3 A contention is sought to be raised that the concession recorded is erroneous. If that be so, it is for the petitioner to approach the Appellate Court for appropriate clarification/relief. So long as the observations made by the Appellate Court remain, no interference can be made with the impugned Judgment and order. 4 Subject to what is observed above, writ petitions are rejected. JUDGE