Bombay High Court

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

Disposal: DISPOSED OFF

Holding

The petition is infructuous and is dismissed, with the bank directed to cooperate in deleting 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. Both parties' counsel informed the court that the settlement rendered the guarantor's petition moot. The court examined whether the petition could be dismissed as infructuous and whether it could still order the deletion of the charge entries. Finding that the settlement extinguished the cause of action, the court held the petitions infructuous and ordered the petitioner to pursue deletion of the income entries, with the bank to cooperate. Consequently, the writ petitions were disposed of as infructuous with directions for removal of the entries.

Issues considered

Whether the writ petition filed by the guarantor becomes infructuous due to the settlement between the borrower and the bank
Whether the court can direct the bank to delete charge entries on the guarantor's property after such settlement

Subjects

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

Judgment

2026:BHC-AUG:43819-DB

                                         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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