dik 1 wp 10161.2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10161 OF 2011 Shivchaitanya Nagar Sahakari Path ... Petitioner Sanstha Maryadit Versus M/s D.G.Nikam & Co. ... Respondent Mr. P.S.Dani i/by M/s Chitnis Vaithy & Co. for petitioner Mr.Sandesh Patil i/by Mr. S.S.Tambekar for respondent CORAM : G.S.GODBOLE, J. Date : 9 December, 2011 P.C. Rule. Rule made returnable forthwith and heard by consent. Heard Mr. Dani for the petitioner and Mr. Sandesh Patil for the respondent at length. Mr. Umesh D. Nikam, partner of the respondent is personally present in the court. 2) After hearing the petitioner for some time, respondent has filed pursis signed by the advocate for respondent and Shri. Umesh D. Nikam, one of the partner of the respondent which states as under; “1) The Respondent/ Orig. Disputant filed Dispute bearing No. C.C.S.No.167 of 2009 before the dik 2 wp 10161.2011.sxw Learned Co­operative Court, Raigad at Alibag. 2) In the said Dispute the disputant has made certain prayers. The Respondent / Orig. Disputant hereby undertakes that he will now delete prayer Clause (c) and (d) of the said dispute and will proceed with dispute with prayer Clause (a) and (b) of Dispute. I further say that I will not claim any relief touching to certificate issued U/s 101 of M.C.S. Act in Dispute being C.C.S.No.167/2009. 3) It is therefore prayed that the Disputant be permitted to delete prayer clauses (c) & (d) of dispute bearing C.C.S.No.167 of 2009 and the Dispute be expedited with time bound direction.” 3) In view of this pursis, there is no need to entertain the petition, since the petitioner has expressly given up prayer clauses (c) and (d) in the dispute. Only on that ground, impugned order is not interfered with. It is clarified that the respondent will not claim any relief against the recovery certificate for implementation of the recovery certificate issued u/s 101 of the M.C.S. Act. dik 3 wp 10161.2011.sxw 4) Hearing of the dispute is expedited and the dispute shall be disposed off on or before 31st December 2012. The petitioner will file written statement within one month from today. It is clarified that the respondent has made statement that apart from not pressing prayer (c) and (d), corresponding averments in the dispute No.C.C.S.No. 167/2009 will also not been pressed. 5) Subject to the aforesaid direction Writ Petition is disposed of. G. S. GODBOLE J.