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 WRIT WRIT WRIT PETITION NO. 1159 OF 2005 PETITION NO. 1159 OF 2005 PETITION NO. 1159 OF 2005 Keshav Terrace Cooperative Housing Society (Proposed). ... Petitioner Versus. The New India Assurance Co.Ltd. and others. ... Respondents. Shri L.M.Acharya for the Petitioner. Shri Sharan Jagtiani i/by M/s.Desai & Diwanji for Respondent No.1. Shri R.D.Suryawanshi for Respondent No.3. CORAM CORAM CORAM : H.L.GOKHALE, & : H.L.GOKHALE, & : H.L.GOKHALE, & ABHAY ABHAY ABHAY S. OKA, JJ. S. OKA, JJ. S. OKA, JJ. DATED DATED DATED : 28th FEBRUARY, 2006. : 28th FEBRUARY, 2006. : 28th FEBRUARY, 2006. P.C.: P.C.: P.C.: 1. Shri Acharya appearing for the Petitioner-proposed society and Shri Suryawanshi appearing for Respondent No.3 tender consent terms arrived at between the Petitioner and Respondent No.3. The terms are taken on record and marked "X" for identification. The consent terms annexe a memorandum of understanding arrived between two of them. The consent terms further record that the petition is being withdrawn in view of these consent terms. Shri Jagtiani is present for Respondent No.1. He makes a statement and we record it that Respondent No.1 is not a party to this consent terms nor is Respopndent No.1 bound to act in accordance therewith. It will of course be open to Respondent No.1 to take these consent terms and the : 2 : 2 : 2 : memorandum of understanding annexed therewith into consideration in the event sale is finalised in favour of Respondent No.3. 2. Petition is allowed to be withdrawn as recorded above. (H.L.Gokhale, J.) (Abhay S.Oka, J.)