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Bombay High CourtWP/2293/2016disposed off

Shri. Surajmal Budhmal Lodha (Huf) Through Poa Shri. Kantilal S. Lodha And ORS. v. The Surajmahal Co-Op. Society Ltd. And ORS.

2018-06-13Hon'Ble Shri Justice R.D. Dhanuka2 pages

4-wp8400-14c vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8400 OF 2014 M/s.Suraj Construction

...Petitioner

V/s.

Surajmahal Co-op. Soc. Ltd. & Ors.

...Respondents

Mr.Jaydeep Deo i/b Mr.Abhijeet Kandarkar for the Petitioner. Mr.Parag M.Tilak for the Respondent No.1.

Mr.S.H. Kankal, A.G.P. for the State - Respondent No.2. Mr.S.A. Tarale for the Respondent Nos.3 to 8. WITH WRIT EPTITION NO.2293 OF 2016 Surajmal B. Lodha (HUF) & Ors.

...Petitioners

V/s.

Surajmahal Co-op. Soc. Ltd. & Ors.

...Respondents

Mr.S.A. Tarale for the Petitioners.

Mr.Parag M.Tilak for the Respondent No.1.

Mr.S.H. Kankal, A.G.P. for the State - Respondent No.2. CORAM : R.D. DHANUKA, J.

DATE : 13TH JUNE, 2018.

P.C. :- 1.

Learned counsel appearing for the petitioner in Writ Petition No.8400 of 2016 and the respondent nos.3 to 8 have tendered the consent terms dated 13th June, 2018 duly signed by the parties and their respective advocates. The respondent nos.3 to 8 have filed the consent terms through the constituted attorney. A copy 1/2

4-wp8400-14c of the power of attorney is annexed with the consent terms. 2.

Learned counsel for the respondent nos.3 to 8 states that Mr.Ramesh S. Lodha is authorized to sign the consent terms on behalf of the respondent nos.3 to 8. The statement is accepted. Insofar as the respondent no.1 is concerned, the consent terms are signed by two of the office bearers. A copy of the resolution passed by the respondent no.1 society is annexed to the consent terms. The signatures of the parties are identified by their respective advocates. The consent terms are taken on record and marked "X" for identification.

3.

The Writ Petition No.8400 of 2014 is disposed of in terms of the consent terms. There shall be no order as to costs. 4.

In view of the consent terms filed in Writ Petition No.8400 of 2014, learned counsel appearing for the petitioner in Writ Petition No.2293 of 2016 seeks liberty to withdraw this writ petition. The writ petition is dismissed as withdrawn in view of the consent terms already arrived at in Writ Petition No.8400 of 2014. There shall be no order as to costs.

5.

All the parties to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2