1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2345 OF 2007 Mustafa Kutbuddin Banatwala .. Petitioner Vs. Mumbai Building Repair and Reconstruction Board and Ors. .. Respondents Mr.S.Purohit i/b Mr.A.J.Gondawal for the petitioner Mr.S.P.Thorat for respondent nos.1 Mr.J.P.Cama, Senior Counsel, i/b Apte & Co. for respondent nos.2 Mr.Ravikant R. Thumbre for respondent nos.4 Ms.Uma Palsure Desai, A.G.P. for respondent nos.5 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED : 11TH JULY, 2008 DATED : 11TH JULY, 2008 DATED : 11TH JULY, 2008 P.C.: 1. Heard the learned counsel for the petitioner and the respondents. 2. In the affidavit of the petitioner dated 13.12.2007 para 14 specifies that the services of 2 the Architect (respondent nos.2) are not satisfactory and they want that respondent nos.2 should resign from the repair in the interest of the building. The earlier order of this court by Honourable the Chief Justice dated 29.4.08 records in para 6 that Mr.A.Y. Vasi has been appointed as Architect by the parties. In the light of the above facts, respondent nos.2 is relieved as an Architect from the project. Respondent no.2 has already given his No Objection for being discharged. 3. The disputes, if any, between the petitioner and respondent nos.2 will be resolved by them independently by resorting to alternate remedy. 4. The petition is allowed to be withdrawn with liberty to the petitioner to approach the Repair Board i.e. respondent no.1. Dismissed as withdrawn. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) 3 ( K.U. CHANDIWAL, J ) ( K.U. CHANDIWAL, J ) ( K.U. CHANDIWAL, J )