- (1.) Learned counsel for the petitioner submits at the outset, by referring to a letter dated 09.01.2008 (Annexure-21) to the writ application, addressed to Smt. Sharda Devi, namely the Respondent No. 2, whereby the petitioner Bank has offered to pay a sum of Rs. 1,48,30,375/- outstanding in the Fixed Deposit Account as on 31.12.2007 to the petitioner. Learned counsel submits further that apart from the aforementioned amount, the Bank now makes a further offer to pay the entire amount together with interest accrued thereon, as applicable in accordance with the Bank Circulars, in between 31.12.2007 till the date of final payment.
(2.) Learned counsel for the Respondent No. 2 accepts the aforesaid offer of the petitioner Bank and assures that if the amount as offered by the Bank is paid by the end of this month, the Respondent No. 2 would not raise any further grievance or demand or claim from the petitioner Bank.
(3.) Considering the above facts, it appears that the petitioner Bank has now agreed to transfer the entire outstanding amount of the Fixed Deposit in the account of the Respondent No. 2 and also considering the fact that by way of an out of Court Settlement the petitioner's offer to pay the maturity amount along with interest which had accrued till 31.12.2007, as per Banking Rules and also along with further interest accrued in between 31.12.2007 till the date of final payment and the acceptance of such offer of the petitioner by the Respondent No. 2, the impugned order is hereby set aside. The petitioner Bank is directed to transfer the entire outstanding amount of the Fixed Deposit together with the amount of interest accrued thereon, in terms of its offer vide Annexure-21, in the account of the Respondent No. 2 by the end of 28.02.2010, together with further amount of interest accrued till date of final payment. With the above observations and directions, this writ application stands disposed of. Let a copy of this order be given to the counsel for the parties.;