IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 3157 OF 2002 NO. 3157 OF 2002 NO. 3157 OF 2002 WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION OF MOTION OF MOTION NO. 153 OF 2005 NO. 153 OF 2005 NO. 153 OF 2005 Shri Janardhan Shamba Manjarekar. ... Plaiantiff. V/s. Sagar Co-operative Housing Society and another. ... Respondents. Mrs.Mugdha M. Jadhav for the plaintiff. None for the respondents. CORAM: CORAM: CORAM: V.C.DAGA, J. V.C.DAGA, J. V.C.DAGA, J. DATED: DATED: DATED: 1st February 2006. 1st February 2006. 1st February 2006. P.C.: P.C.: P.C.: . The learned counsel for the plaintiff submits that in a view of consent terms accepted by the Court, vide Division Bench order dated 3rd May, 2005, the dispute has already been referred to the Arbitrator for arbitration. Hence cause of action for the suit does not survive. She submits that the suit be disposed of reserving the liberty in favour of the parties to work out their rights and remedies under the provisions of the Arbitration Act. 2. Accordingly, suit stands disposed of with liberty reserved in favour of the parties to the suit as prayed. 3. In view of disposal of the suit, notice of motion also does not survive. The same is disposed of as infructuous with no order as to costs. (V.C.DAGA, (V.C.DAGA, (V.C.DAGA, J.) J.) J.)