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State Consumer Disputes Redressal Commission

Sangli Urban Co-Operative Bank ... vs 1. Mohammed Ayub S/O. Mohammed on 30 November, 2010

                                  1                           F.A. No..: 1839-06



  STATE CONSUMER DISPUTE REDRESSAL COMMISSION,
      MUMBAI, CIRCUIT BENCH AT AURANGABAD.
                               Date of filing : 15.09.2006
                               Date of Order : 30.11.2010

FIRST APPEAL NO. 1839 OF 2006
IN COMPLAINT CASE NO.01 OF 2004
DISTRICT CONSUMER FORUM: PARBHANI.

 Sangli urban Co-operative Bank Limited,
 Sangli, through its Manager, Parbhani Branch,
 Gandhi Park, Parbhani.                                  ... Appellant

      VERSUS

1. Mohammed Ayub S/o. Mohammed
   Ismail Ansari, Proprietor of
   M/s. Liberty Shoes Centre,
   Gandhi Park, Parbhani.

2. The New India Assurance Company Ltd.
   Parbhani Branch, Through its Branch Manager,
   Yashodeep, Shivaji Road, Parbhani.               ... Respondents

Coram : Shri.S.G.Deshmukh, Hon`ble Presiding Judicial Member.

Mrs. Uma S.Bora, Hon`ble Member.

Shri. K. B. Gawali, Hon'ble Member.

Present: Adv. Shri. K. M. Bardapurkar, for appellant.

Adv. Shri. Katneshwarkar, holding for Adv. Shri. P. N. Kalani, for Respondent No.1. None appeared for Respondent No.2.

2 F.A. No..: 1839-06

:: O R A L O R D E R ::

Per Shri.S.G.Deshmukh, Hon`ble Presiding Judicial Member.
1. The present appeal is filed by the Sangli Urban Co-operative Bank Limited against the Judgment and Order dated 26.07.2006 in complaint case No. 01/2004 passed by District Consumer Forum, Parbhani.
2. Forum by its Judgment directed the appellant to pay Rs. 1,97,021/- with the interest @ 9 % p.a. from 21.11.2003. Forum also directed to pay Rs. 2,000/- towards mental agony and Rs. 1,000/-

towards cost.

3. Notices were issued to the appellant as well as the respondent. Learned counsel Shri. K. M. Bardapurkar appeared for appellant and Shri. Katneshwarkar holding for Adv. Shri. P. N. Kalani, appeared for Respondent No.1. None appeared for Respondent No.2. Both the counsel made the statement that matter has been settled between the parties. The settlement pursis is filed on record under the signature of Branch Manager of the appellant's Bank and the Respondent No.1. The Branch Manager of the appellants Bank and Respondent No.1 are present along with their respective advocates. They admitted the contents of the pursis and their signatures on the pursis in presence of their respective advocates. In view of the pursis filed by them the appeal is required 3 F.A. No..: 1839-06 to be disposed of. Respondent No.1 has no objection; if liberty is granted to the appellant to withdraw the amount.

-ORDER-

1. Appeal is disposed of in terms of the compromised pursis filed by them.

2. Liberty is granted to withdraw the amount of Rs. 25,000/-

deposited in the District Forum.

3. No order as to cost.

(K. B. Gawali) (Mrs. Uma S. Bora) (S. G. Deshmukh) Member Member Presiding Judicial Member Kalyankar