Per Mr P N Kashalkar Hon’ble Presiding Judicial Member

1.      This appeal is already adjourned to 11.01.2012.  On the request of the Ld. Counsel for the appellant this case is preponed and it is taken on today’s board, since it has been settled amicably between the parties before Lok-Adalat on 21.08.2009.

2.      Adv. Mr C J Bhimgade appears for the appellant and Ms Minaz Dandhala for respondent.

3.      The matter has been settled before the Lok-Adalat on 21.08.2009. As per the settlement the appellant and respondent agreed to settle the matter after payment of Rs.80,000/-.

4.      Towards the compliance of the settlement appellant has already paid Rs.55,000/- to the respondent and the balance of Rs.25,000/- is remained to be paid. In view of the settlement appellant has filed an application to withdraw the present appeal

5.      Respondent has also filed an application seeking withdrawal of the amount Rs.25,000/- deposited vide DD bearing No. 421900, in this Commission by the appellant while filing this appeal, towards balance settlement amount. On this application the appellant has also give no objection to withdraw the said amount.  Under the circumstances we pass the following order:

ORDER

1.      Appeal stands dismissed in view of the compromise between the parties in Lok-Adalat.

2.      The amount of Rs.25,000/- deposited by the appellant by DD bearing No.421900 dtd.22.05.2009 of State Bank of India be refunded to the respondent with accrued interest, if any.

3.      Copies of this order be supplied to the parties.

          Pronounced on 13.07.2011.