1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. W. P. No. 3090 of 2008. Shripad S/o Manohar Paithankar & another Vs. Union of India and others. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri SS Ghate, Advocate appears for petitioner. Mrs. T. D. Khade, AGP for R-2. Mr. A. G. Joshi, Advocate for R-3. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 1st December, 2008. Heard. The Learned Counsel for the respondent Bank has placed before us a pursis stating that an agreement has been entered into between the petitioner and the respondent bank, and as per the said agreement, the petitioner has agreed to settle the recovery dispute, which is a subject matter of this petition, by paying an amount of Rs.7 lacs on or before 31-12-2008. If the petitioner fails to pay the said amount by 31-12-2008, the respondent Bank will be at liberty to claim the entire outstanding amount with interest. Along with 2 the pursis, copy of the agreement entered between the parties on 26-9-2008 is also placed on record. Hence, the petition is disposed off in terms of the agreement between the parties. However, if the Bank, on account of the failure of the petitioner, proceeds to auction the mortgage property consequent to the possession notice dated 19-3-2008 passed under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the petitioner would be at liberty to file an appeal under Section 17 of the said Act, before the Debts Recovery Tribunal, and the said appeal will have to be considered on its own merits and without being influenced by this Order. JUDGE JUDGE /Muley/