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CASE NO.: Appeal (civil)  2427 of 2002

PETITIONER: CHAIRMAN,STATE BANK OF INDIA & ORS.          

RESPONDENT: H.C. AGARWAL & ANR.                          

DATE OF JUDGMENT: 03/02/2005

BENCH: B.P. SINGH & B.N. SRIKRISHNA      

JUDGMENT: J U D G M E N T

B.P.Singh,J.                   We have heard counsel for the parties.         After having gone through the material on record, we suggested to the parties to  settle their disputes and we are happy to record that they have settled their disputes in a  reasonable manner.           In the result, with the consent of the parties, the impugned judgment and order of  the High Court is set aside.  The respondent No.1 shall be deemed to have retired from servi ce of  the Bank on 31st January, 1998 and the Bank shall accordingly work out the additional amount   that may become payable to the respondent, since the earlier calculation was on the basis th at he  had retired from service with effect from 30th November, 1997.         The outstanding in the house loan account of respondent No.1 as on date stands at  Rs.3,78,476.65.  As against  this, there is a sum of Rs.3,43,000/- in the Term Deposit Recei pt  Account of the respondent No.1.  The Bank shall adjust the amount in the said TDR Account  against the total outstanding in the house loan account in full and final settlement of all  dues  payable against house loan account.  Nothing further shall be payable by respondent No.1 to  the  appellant Bank on this account.         The pension which has not been paid to the respondent No.1, shall be paid within a  period of three months, and  the respondent No.1 will sign the necessary papers immediately  on  presentation, and will not make any excuses for not signing the pension papers.  This order  is  passed in full and final settlement of all disputes between the parties.  Future pension sha ll be  paid in accordance with rules.         The appeal stands disposed of in the above terms.