1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa WRIT PETITION NO. 3104 OF 2002 ALONGWITH CHAMBER SUMMONS NO. 4 OF 2005 ALONGWITH CHAMBER SUMMONS NO. 136 OF 2005 Administrator of the Special Undertaking of the Unit Trust of India .. Petitioners. v/s. The State of Maharashtra & Ors. .. Respondents. And Zuber Ibrahim & Ors. (Through their Constituted Attorney Mr. Shahid I. A. Khan) .. Applicants. .... Ms. Kirtida Chandarana i/. Humranwala & Co. for the Petitioners. Mr. G. W. Mattos, A.G.P. For Respondent Nos. 1 to 3. Mr. V. S. Kapadia i/b. H. S. Rajeshirke for proposed Respondent No.4. Ms. Pooja Karadia i/b. Vigil Juris for proposed Respondent No.5. Mr. R. V. Govilkar for the Applicant in Chamber Summons No. 4 of 2005. .... CORAM : S. J. KATHAWALLA, J. DATE : APRIL 26, 2010. P.C. Parties are allowed to reconstruct the proceedings. 2. Ornate Spaces Pvt. Ltd. and UTI Employee’s Sai 2 Samruddhi Co-operative Housing Society Limited (Proposed) are allowed to be impleaded as Respondent Nos. 4 and 5 to the Petition. Necessary amendments to be carried out in the Petition on or before 3rd May, 2010. 3. The learned advocates appearing for the parties have tendered Minutes of the Order dated 26th April, 2010 and have submitted that the Writ Petition be disposed of in terms of the said Minutes of the Order. The Minutes of the Order are signed by, Mr. Bodhraj Kishore, Vice President (Legal) of the Petitioners, Mr. Suryakant S. Teli, Assistant Line Manager, M.H.A.D.A. on behalf of Respondent Nos. 1 to 3, the Director of Respondent No.4 and Mr. Ishwar G. Gurumansinghani and Mr. Sanjay V. Kamat, Promoters of Sai Samruddhi Co-Operative Housing Society (proposed), Respondent No.5. The Minutes of the Order are also signed by the respective Advocates of the Respondents i.e. Respondent Nos. 1 to 3 and Respondent Nos. 4 and 5. 4. The Minutes of the Order is taken on record and marked "X" for identification. The undertakings set out in paragraph Nos. 3 and 6 of the Consent Minutes of the Order, are 3 accepted. 5. The Writ Petition is disposed of in terms of the Minutes of the Order marked "X". 6. In the above Writ Petition, in December, 2004 Mr. Zuber Ibrahim and 17 others through their Constituted Attorney Mr. Shahid I.A. Khan as Applicants, had filed a Chamber Summons being No. 4 of 2005 for being impleaded as party Respondents to the Writ Petition on the ground that the decision in the Writ Petition may affect the Applicants plot of land which is adjoining the suit property. The Applicants have now tendered a copy of the letter dated 23rd April, 2010 addressed by the Executive Engineer, Hsg. Bandra Division/M.B. to the Chief Officer, Mumbai Board, Bandra (East), copy of which is also forwarded to the Applicants. Mr. Govilkar, the learned Advocate appearing for the Applicants has submitted that the said letter dated 23rd April 2010 alongwith its annextures i.e. the possession receipt and the plan, be taken on record. The same is therefore taken on record and marked "X1" collectively for identification. The Advocate for the Petitioners as well as the Respondents have stated that the 4 Minutes of the Order marked “X” does not pertain to the plot which is handed over to the client of Mr. Govilkar i.e. the Applicants in Chamber Summons No. 4 of 2005. In view thereof, Mr. Govilkar is not pressing the Chamber Summons No. 4 of 2005. The Chamber Summons therefore stands disposed of. [ S. J. KATHAWALLA, J. ]