1 wp629.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.629 OF 2010 Ram Udharam Thadani ...Petitioner vs. Globe Theatres Pvt.Ltd. & Ors. ...Respondents Mr.Sharan Jagtiani i/b Mr.Mukund S. Narwekar for the petitioner Mr.Arshad H. Hidayatullah, Sr.Counsel a/w Mr.G.S.Godbole and Mr. Ricabchand i/b Prasad Kulkarni for the respondent No.1 CORAM :A.S.OKA,J. DATE : OCTOBER 18, 2010 P.C.: 1 Heard the learned counsel for the petitioner and the learned senior counsel for the first respondent. The learned counsel for the parties agree that the writ petition should be disposed of by consent of the parties. However, the learned senior counsel for the first respondent prays that petitioner be directed to pay costs. Hence, by consent, the petition is disposed of by passing following order : i) Impugned Judgments and orders are quashed and set aside and Obstructionist notice no.18 of 2006 is restored to the file of the trial Court. ii)Obstructionist notice shall be placed before the Trial Court on Monday 8th November 2010 at 11.00 a.m for hearing of oral arguments. Parties agree that no further evidence will be adduced by them. The learned counsel for the petitioner states that the petitioner is not in a condition for offering 2 wp629.sxw himself for cross examination. iii)The effect of failure of the petitioner to offer himself for cross examination will be considered by the trial Court while deciding the Obstructionist notice. iv)The Obstructionist notice shall be decided afresh as expeditiously as possible and preferably on or before 6th December 2010. v) The petitioner is directed to co-operate with the learned Trial Judge for expeditious conclusion of hearing. If the petitioner or his Advocate or both of them fail to remain present before the trial Court on 8th November 2010, the trial Court will proceed in absence of the petitioner. vi)All contentions of the parties on merits are kept open. vii)The petitioner shall pay costs of this petition to the first respondent quantified at Rs.25,000/-. Time of six weeks from today is granted to deposit the amount of costs. JUDGE