Bombay High Court

KUSUM ASHOK KUMAR SALE @ SOU KUSUM CHANDRAKANT WAGHMAREversusMIRAJ URBAN CO-OP. BANK LTD. AND ORS.

Disposal: Disposed Off
Bench: VRUSHALI V JOSHI

Holding

The petition is disposed of as withdrawn because the dispute has been settled and the petitioner has paid the full amount.

Summary

The petitioner, Ms. Kusum Kale and Ms. Kusum Chandrakant Waghare, filed a writ petition against Miraj Urban Co‑op. Bank Ltd. The matter was referred to mediation, during which the parties reached an amicable settlement and the petitioner paid the full outstanding amount. The bank issued a No Due Certificate and the mediator issued a letter confirming settlement. All these documents were marked as "X" and placed on record. Since the dispute was resolved, the court disposed of the petition as withdrawn.

Issues considered

What is the appropriate disposition of a writ petition when the parties have settled the dispute through mediation and the petitioner has satisfied the claim?

Subjects

mediation
settlement
no due certificate
writ petition
civil appellate jurisdiction
withdrawn petition

Judgment

                                                        31-WP-945-2018.doc

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO.945 OF 2018
Kusum Ashok Kumar Sale @
Sou Kusum Chandrakant Waghmare                        …..Petitioner
      Vs.
Miraj Urban Co-Op. Bank Ltd. & Ors.                   …..Respondents

Ms. Kusum Kale with Ms. Kusum Chandrakant Waghare, for the
Petitioner.
Mr. Vaishnavi Shelake, i/b Mr. Ramdas Shelke for the Respondent
No.1.
Mr. J. P. Patil, AGP for Respondent-State.

                               CORAM : MRS. VRUSHALI V. JOSHI, J.
                                 DATED : 20th FEBRUARY 2026
P.C.:-

1.       The Petitioner is present before the Court and submits that the

matter was referred to mediation and has been amicably settled

between the parties. It is stated that the Petitioner has paid the entire

outstanding amount to Miraj Urban Co-operative Bank Limited.


2.       The Petitioner has placed on record the No Objection

Certificate. Learned counsel appearing for the Bank states that the

Bank has received the entire amount and has issued a No Due

Certificate. The said certificate is also produced on record. The



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                                                        31-WP-945-2018.doc

Mediator has likewise issued a letter stating that the dispute has been

settled during the mediation proceedings.


3.       All the aforesaid documents are taken on record and marked

collectively as “X” for identification.


4.       In view of the pursis filed and as the dispute has been settled

during mediation, the Petition stands disposed of as withdrawn.




                                    (MRS. VRUSHALI V. JOSHI, J.)




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