KBP 7877-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7877 OF 2009 Bharat Chemical Works ..Petitioner Vs. Rajesh Construction (Bombay) and anr. ..Respondents ......... Mr.A.N.Samant, for petitioner. ......... CORAM : A.S.OKA, J.. DATE : 15 th SEPTEMBER, 2009. P.C. : 1] Not on board. Taken on board. 2] Heard learned counsel for the petitioner and learned counsel for the first respondent - original plaintiff. The learned counsel for the first respondent states that the first respondent has no objection if the written statement of the petitioners which is declared on 29 th October, 2007, is taken on record of the suit. 3] In view of the aforesaid statement and in view of the written consent tendered on record, the Writ Petition need not be kept pending and the same is disposed of by passing the following order:- (a) The impugned order dated 29 th August, 2009 is quashed and set aside. (b) The Trial Court is directed to take on record the written statement of the petitioners declared on 29 th October, 2007. KBP 7877-09.sxw 2 (c) After the written statement is taken on record, the trial Court shall proceed with the suit in accordance with law. (d) All contentions of the parties on merits of the suit are kept open. ( A.S.OKA, J. )