Bombay High Court

SHRI VEERSHAIV CO-OP. BANK LTD. , KOLHAPURversusSHRI. ANIL SHANTVANRAO KAMAT AND ORS

Disposal: Disposed Off

Holding

The court ordered a full and final settlement of Rs 23,00,000 to be disbursed by the Sub‑Divisional Officer to the petitioner, thereby disposing of the writ petition.

Summary

The Veershaiv Co‑Op Bank Ltd. (petitioner) claimed Rs 40,00,000 from Anil Shantvandro Kamat (respondent No. 1) as compensation arising from a land acquisition, the amount being held by the Sub‑Divisional Officer (respondent No. 4). The bank filed a writ petition under Order 21 Rule 46 of the CPC to recover the sum, but the earlier order rejecting the application was upheld. During the hearing, the bank offered to settle for Rs 23,32,000 while the respondent offered Rs 22,00,000. The court mediated the dispute and fixed a full and final settlement of Rs 23,00,000 to be paid by the Sub‑Divisional Officer directly into the bank’s account. The court also disposed of Regular Darkhast No. 875/2021 and directed the bank to issue a no‑dues certificate to the respondent after receipt of the payment.

Issues considered

Whether the court can order a settlement and direct payment under a writ petition in a monetary dispute arising from land acquisition compensation.
Whether the application under Order 21 Rule 46 CPC is maintainable in the present facts.

Legislation cited

Code of Civil Procedure, 1908 — s. Order 21 Rule 46

Subjects

land acquisition
settlement
writ petition
Order 21 Rule 46
Civil Procedure Code
compensation
bank claim
disbursement
mediation

Judgment

                                                           141 WP 1870 OF 2023.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION

                  141 WRIT PETITION NO. 1870 OF 2023

             SHRI VEERSHAIV CO-OP. BANK LTD. , KOLHAPUR
                                  VERSUS
              SHRI. ANIL SHANTVANRAO KAMAT AND ORS
                                      ...
           Advocate for Petitioner : Mr. Swaroop Mahavir Karade
          Advocate for Respondent Nos. 1, 2, 3 : Mr. Ketan K. Patil
                 A.G.P. for Respondent No. 4 : Mr. J. P. Patil
                                      ...
                     CORAM                 : SHAILESH P. BRAHME, J.

                      DATE                 : 28.09.2026


PER COURT :

       Heard both sides.

2.    In pursuance of my earlier order passed on 19.08.2026, the counsel
appearing for the litigating sides have taken instructions.           Admittedly,
amount of Rs. 40,16,399/- is with respondent no. 4 Sub Divisional Officer,
to be disbursed to respondent no. 1 as compensation under land acquisition.
The petitioner-Bank had a claim for Rs. 40,00,000/- recoverable from
respondent no. 1 and therefore they filed application under Order 21 Rule
46 of C.P.C., which is rejected by impugned order. Respondent no. 1 has
already placed on record communication dated 10.04.2026 when the
petitioner had shown readiness to settle the account for Rs. 22,00,000/-.

3.    Today learned counsel for the petitioner, on instructions, of his client
submits that the settlement is possible for Rs. 23,32,000/-. As against that
counsel for respondent no. 1, on instructions of his client submits that he is
ready to settle for Rs. 22,00,000/- as offered on earlier occasion.

4.    I have considered the relevant submissions of the parties.             The

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                                                          141 WP 1870 OF 2023.odt

controversy pertains to monetary claim. I have mediated the counsels and
clients. It is aggreable for them to settle the matter fully and finally for
amount of Rs. 23,00,000/-, which shall be directly disbursed to the
petitioner. The petitioner has furnished the details of the account to
respondent no. 4.

5.      Writ Petition is disposed of with direction that amount of Rs.
23,00,000/- (Rs. Twenty Three lakh only) shall be disbursed by respondent
no. 4 Sub Divisional Officer to the following account of petitioner bank :

                “IDBI Bank – Shree Veershaiv Co.Op. Bank Ltd.
                A/c No. 116102000007047,
                IFSC Code : IBKL0000116
                Branch Kolhapur Assembly Road.”

towards full and final settlement between the parties, within three weeks
from today.

6.      Regular Darkhast No. 875/2021 also stands disposed of. Respondent
no. 4 Sub Divisional Officer shall disburse the balance amount with accrued
interest to respondent no. 1.


7.      Needless to mention that after receiving amount as stated above the
petitioner-Bank shall issue no dues certificate to respondent no. 1.



                                       ( SHAILESH P. BRAHME, J.)




mkd/-




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