Bombay High Court

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

Disposal: DISPOSED OFF

Holding

The writ petitions are dismissed as infructuous, and the bank is directed to cooperate in removing the charge and income 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 and deletion of income entries. The borrower and the bank subsequently reached an amicable settlement, rendering the guarantor's petition infructuous. The petitioner, through counsel, requested the court to direct the bank to cooperate in deleting the entries. The court held that, given the settlement, the writ petitions are to be disposed of as infructuous. Accordingly, the petitioner was directed to obtain deletion of the entries, and the bank was ordered to cooperate in that process.

Issues considered

What is the appropriate judicial response when parties settle a dispute underlying a writ petition?
Whether the bank must be directed to remove charge and income entries on the guarantor's property following the settlement.

Subjects

writ petition
settlement
infructuous
guarantor
charge removal
co-operative bank
civil procedure

Judgment

2026:BHC-AUG:43818

                                         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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