JUDGEMENT
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(1.)Petitioners have prayed for the following reliefs:
(I) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, for calling for the records, lying with the respondents, for rendering substantial and conscionable justice to the petitioner, and for quashing/setting aside the impugned notice No. AGMSL/CR/2019-20/21 dated 13.05.2019 (Annexure-- 5 supra), the impugned letter No. AGMSL/CR/2019- 20/84 dated 12.07.2019 (Annexure-9 supra), possession Notice dated 06.08.2019 (Annexure-14 and 15 supra).
(II) Issue Rule, calling upon the respondents and each one of them to show cause as to why a Writ of Prohibition and/or in the nature thereof, for prohibition/injuncting the respondents to take any coercive action against the petitioners and/or guarantor in furtherance of the impugned Notice No. AGMSL/CR/2019-20/21 dated 13.05.2019 (Annexure-- 5 supra), the impugned letter No. AGMSL/CR/2019- 20/84 dated 12.07.2019 (Annexure-9 supra), possession Notice dated 06.08.2019 (Annexure-14 and 15 supra).
(III) Issue rule, caling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, for mandating/directing the official respondnrts to revoke/rescind the impugned Notice No. AGMSL/CR/2019-20/21 dated 13.05.2019 (Annexure-- 5 supra), the impugned letter No. AGMSL/CR/2019- 20/84 dated 12.07.2019 (Annexure-9 supra), possession Notice dated 06.08.2019 (Annexure-14 and 15 supra) and further directing/mandating the respondents to allow six months time to settle the loan account and allow the petitioners to dispose of some of the mortgaged property.
(IV) Call for the records, appertaining to this petition.
(V) After hearing the parties, be pleased to make the RULE Absolute in terms of II above.
(VI) Costs of and incidental to this proceedings.
(VII) Any other RELIEF(S) as to this Hon'ble High Court may deem fit and proper."
(2.)It is heartening to note that with the intervention of the learned counsel appearing for the parties, the matter stands
amicably resolved in terms of the settlements and the
undertakings. The same are recorded in Para-5 and 6 of the
affidavit dated 02.10.2019, filed by the parties. The same are
reproduced hereunder:
"5. At the time of hearing of the writ petition, both of us were present before this Hon'ble High Court, and jointly submitted before this Hon'lbe High Court that we would repay the entire loan amount along with interest thereon within 31st March, 2010 if the bank authority allows us to sell the mortgage properties and the bank authority has agreed to the said proposal, and thereafter, this Court directed us to submit and undertaking in furtherance thereof, and hence, by an joint affidavit we are submitting this undertaking. We further say that after the issuance of the impugned notice No. AGMSL/CR/2019-20/21 dated 13.05.2019 (Annexure--5 to the writ petition), the impugned letter No. AGMSL/CR/2019-20/84 dated 12.07.2019 (Annexure-9 to the writ petition), possession Notice dated 06.08.2019 (Annexure-14 and 15 to the writ petition), we have deposited some amount and thereafter, in terms of the order dated 24.09.2019 passed by this Hon'ble High Court in the instant writ petition, we have deposited Rs. 2.00 lac on 30.09.2019 and Rs. 3.00 Lac on 01.10.2019.
6. We Smti. Mousumi Dhar (Datta) wife of Sri Rabindra Datta aged about 42, and Shri Rabindra Datta son of Late Rajendra Mohan Datta do hereby jointly undertake that we would repay the remaining loan along with interest thereof on or before 31st March, 2020 if the bank authority allows us to sell the mortgaged properties and also permit us to carry out the business of M/s Datta Beej Bhandar."
(3.)The bank has accepted such settlements and undertakings of the petitioners and the petition is also accepted and taken on
record. Consequence and breach of such undertakings are made
known to them.
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