While dismissing the complaint filed by the respondent, District Forum ordered that the appellant bank shall comply with the order passed by the Banking Ombudsman and pass appropriate order regarding deletion of the complainant from the guarantorship of the complainant from the loan account of OP-2. Complainant filed the execution application before the District Forum. District Forum issued non-bailable warrants against the appellant bank. Aggrieved by the issuance of the bailable warrants, bank has filed the present revision petition. On 25.1.2012, on a submission made by the counsel for the petitioner that the petitioner had already written a letter to the respondent/complainant that the petitioner was ready to comply with the order of the District Forum to remove the name of the complainant as guarantor subject to her completing certain necessary formalities. As the petitioner had agreed to comply with the direction issued by the District Forum, limited notice was issued to the respondent to show cause as to why the direction issued by the executing court in issuing the non-bailable warrant be not set aside. Litigation expenses have been paid to the respondent. Respondent sent a letter pleading her inability to engage a counsel or appear in person. We appointed Mr.B.S. Sharma, Advocate as amicus to assist us. Since the petitioner has agreed to comply with the direction issued by the District Forum, the impugned order issuing non-bailable warrants is set aside. Petitioner is directed to appear before the District Forum through a lawyer and file reply to the execution application stating therein that the petitioner is prepared to comply with the directions issued by the District Forum subject to the respondent’s completing the necessary formalities required for deletion of her name as a guarantor. Parties, through counsel, are directed to appear before the District Forum on 4.12.2012. |