IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL APPLICATION NO. 1819 OF 2008 CIVIL APPLICATION NO. 1819 OF 2008 CIVIL APPLICATION NO. 1819 OF 2008 IN IN IN WRIT PETITION NO. 5340 OF 2008 WRIT PETITION NO. 5340 OF 2008 WRIT PETITION NO. 5340 OF 2008 Vinayak Ashish Co-op.Hsg.Soc.Ltd. ... Petitioner. V/s. Essar Enterprises & others. ... Respondents. J.B.Nair for the petitioner. M.M.Vaidya for respondent No.1. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 20th August 2008. DATED: 20th August 2008. DATED: 20th August 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the rival parties. 2. For the reasons recorded in the application, application is allowed. Writ petition is restored to file, subject to payment of costs of Rs.1,000/- to be paid to respondent No.1. 3. Respondent No.1 will be at liberty to file counter affidavit in the main petition. 4. Civil application stands disposed of in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)