1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.7879 of 2008 Dr.Rustom P. Patel ... Petitioner versus M/s.J.M.Constructions & Ors. ... Respondents ... Mr. F.Devitre, Sr. Advocate with Ms.Nagma Shaikh and Pooja Karadia i/b Vigil Juris for the petitioner. Mr.P.S.Dani for respondent no.1. Ms.Ranjana Parikh for respondent nos.2 to 6. CORAM : D.G. KARNIK, J. DATED : 25th June 2010 P.C. 1. Mr.Jitendra Mehta, proprietor of the respondent is present in the court and instructs his counsel to record his consent to the order proposed. 2. By consent of the parties, following order is passed:- O R D E R 2 1) The impugned order is set aside. 2) Mr.Devitre, learned Sr. Advocate on behalf of the petitioner – original defendant no.1 states that in order to obviate the objection that the written statement is required to be verified before the Consulate officer as it has been signed out of India, defendant no.1 has tendered identical copy of the said written statement verified before a Consulate Officer in Portugal. Hence, the second written statement be treated as the written statement filed by the defendant and first written statement be also kept on record as a copy. (D.G. KARNIK,J.)