Bombay High Court

VENKAT MUKUNDRAO GARJEversusTHE SANGLI URBAN CO-OPERATIVE BANK LTD., AND OTHERS

Disposal: DISPOSED OFF

Holding

The settlement between the borrower and the bank renders the guarantor's writ petition infructuous, and the bank must cooperate in removing the charge entries.

Summary

Venkata Mukundrao Garje, a guarantor, filed writ petitions against Sangli Urban Co‑operative Bank Ltd. and others seeking removal of charge entries on his property. The borrower and the bank subsequently reached an amicable settlement of the underlying dispute. The petitioners argued that, in view of the settlement, the bank should delete the charge entries. The court examined whether the settlement rendered the writ petitions infructuous and whether the bank should be directed to remove the entries. Finding that the settlement indeed made the petitions moot, the court disposed of the writ petitions as infructuous. It further directed the petitioner to obtain deletion of income‑related entries and ordered the bank to cooperate in that process.

Issues considered

Whether the guarantor's writ petition becomes infructuous due to a settlement between the borrower and the bank
Whether the bank should be directed to remove charge entries on the guarantor's property following the settlement

Subjects

writ petition
guarantor
settlement
charge removal
infructuous
co‑operative bank
property charge

Judgment

2026:BHC-AUG:43820

                                         1                          903.WP-11723-2021.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             WRIT PETITION NO. 11723 OF 2021
                        VENKAT MUKUNDRAO GARJE
                                 VERSUS
           THE SANGLI URBAN CO-OPERATIVE BANK LTD., AND OTHERS
                                   WITH
                          WRIT PETITION NO. 11722 OF 2021


                                             WITH
                          WRIT PETITION NO. 11724 OF 2021
                                              …
                         Advocate for the Petitioners : Mr. Irpatgire A.N.

                   Advocate for Respondent No.1 : Mr. Joshi Arvind Ramakant

                                               …
                                               CORAM       : ROHIT W. JOSHI, J.
                                                    DATE   : 24 th SEPTEMBER 2026

              PER COURT :
              1.        The learned Advocates jointly state that the borrower and
              the Bank have amicably arrived at a settlement of the dispute and, as
              such, the present petition filed by the Guarantor is rendered
              infructuous.


              2.        The learned Advocate for the Petitioner further states that
              the Respondent/Bank should be directed to take steps for removal of
              the entries with respect to its charge over the properties of the
              Guarantor in view of the settlement. The request is just and proper.
                           2                          903.WP-11723-2021.doc



3.         The Writ Petitions are disposed of as infructuous.


4.         The Petitioner is directed to take steps for getting the
entries with respect to income deleted, and the Respondent/Bank is
directed to extend cooperation in that regard.




                                               ROHIT W. JOSHI
                                                  JUDGE




NAJEEB..

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