IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1645 of 2009 ***** 1. THE MANAGING DIRECTOR, THE VAISHALI DISTRICT CENTRAL CO- OPERATIVE BANK VAISHALI. .... .... Respondent-Appellant Versus 1. INDU DEVI W/O LATE ANIRUDHA PRASAD SAH R/O MOHALLA- S.D.O. ROAD, ANDAR KILLA, P.S.- TOWN HAZIPUR, DISTT.- VAISHALI. .... .... Petitioner-Respondent 1st Set 2. THE STATE OF BIHAR 3. THE COMMISSIONER-CUM-SECRETARY CO-OPERATIVE DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA 4. THE REGISTRAR CO-OPERATIVE SOCIETIES, GOVERNMENT OF BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA 5. THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, GOVT. OF BIHAR, PATNA 6. THE DISTRICT MAGISTRATE VAISHALI 7. THE DISTRICT MAGISTRATE EAST CHAMPARAN AT MOTIHARI. .... .... Respondents-Respondents 2nd Set ----------- For the Appellant : Mr. Basant Kumar Choudhary, Senior Advocate Mr. Arun Kumar, Advocate Mr. Arvind Kumar-II, Advocate For Respondent No.1: Mr. Ashok Kumar Mishra, Advocate ------------ 6. 8.4.2010. This Court on 6.4.2010 had passed the following order: - “I.A.No.8636 of 2009 This is an application for condonation of delay of three years and 287 days in preferring the appeal. Mr. Ashok Kumar Mishra, learned counsel appearing for the respondent-writ petitioner vehemently opposed the prayer of condonation of delay. Ordinarily, we would 2 have adverted to the issue of condonation of delay, but Mr. Basant Choudhary, learned senior counsel appearing for the appellants submitted that the Bank has no liability to pay the dues. On a further query being made, it came to light that the Bank has already paid more than Rs.1,26,000/-. At that juncture, a suggestion was given to pay to the writ petitioner-respondent a sum of Rs.40,000/- which would put the controversy to rest. Mr. Ashok Kumar Mishra, learned counsel appearing for the writ petitioner-respondent did not oppose the said proposal. Mr. Choudhary prays a day’s time to obtain instructions in the matter. Let this matter be listed on 08th of April, 2010. It shall be taken up at 10.15 a.m.” Today, when the matter was taken-up, Mr. Ashok Kumar Mishra, learned counsel appearing for the writ petitioner-respondent submitted that the respondent would not mind if it is settled for Rs.35,000/-. Mr. Basant Kumar Choudhary, learned senior counsel appearing for the bank has agreed to pay a sum of Rs.35,000/- from the account of the bank with two stipulations that there would be no audit objection for such payment and the direction given in this case should not be treated as if the liability of the bank has been determined in law. 3 Having heard learned counsel for the parties if the bank would pay a sum of Rs.35,000/- to the respondent-writ petitioner, it would be treated to be in full and final settlement. The said amount shall be paid within a period of six weeks from the date of receipt of the order passed today. We may further hasten to add that in this settlement the question of determination of liability of bank in law does not arise. To elaborate, this Court has not fixed the liability of the bank as per law. L.P.A. is accordingly disposed of. There shall be no order as to costs. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)