1 nms2823-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2823 OF 2011 IN ARBITRATION PETITION NO.816 OF 2011 Abhiruchi Realtors Pvt. Ltd. ....Petitioner V/s. Mount Everest CHS & Anr. ...Respondents Mr.D.D. Madon, Senior Counsel with Mr.Sanjiv Sawant for the Petitioner. Mr.Pravin Samdani, Senior Counsel with Mr.Tamboli and Ms.S. Merchant i/b Bharucha & Partners for Respondent No.1. Mr.A.S. Khandeparkar with Mr.Ashutosh Kulkarni for Respondent No. 2. CORAM : S.J. VAZIFDAR, J. DATE : 27TH SEPTEMBER, 2011. P.C. :- 1. Mr.Samdani, the learned senior counsel appearing on behalf of respondent No.1 states that by virtue of the order in Suit No. 420 of 2010 filed in the Bombay City Civil Court, third party rights cannot be created by respondent No.1. Respondent No.1 had earlier entered into a development agreement with one M/s.Omega Investment Private Limited, who had sought intervention on 11.8.2011 when the ad-interim order was passed and that respondent No.1 intends having construction put up on its property through M/s.Omega 2 nms2823-11 Investment Private Limited. 2. In paragraphs 1 and 2 of the order dated 11.8.2011 the reference to “Suit No.420 of 2011” is corrected to read “Suit No.420 of 2010”. 3. In view of the above, nothing survives in this notice of motion. The same stands accordingly disposed of. 4. The petition to be heard along with Notices of Motion No. 1822 of 2010 in Arbitration Petition No.319 of 2007 and 2857 of 2011 in Arbitration Petition No.816 of 2011.