hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1825 OF 2006 WRIT PETITION NO. 1825 OF 2006 WRIT PETITION NO. 1825 OF 2006 Rameshchandra Chimamlal Chawl Bhadekaru Sangh & Ors. ... Petitioners Versus State of Maharashtra and Ors. ... Respondents Mr. M.J. Jamdar for the Petitioner. Mr. G.W. Mattows, A.G.P. for R. Nos. 1 to 3. Mrs. A.K. Savla for R. No. 4. Mr. K.K. Singh, Sr. Counsel with Mr. D.H. Mehta i/by G.B. Kedia for R. No. 5. CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & R.S. MOHITE, JJ. R.S. MOHITE, JJ. R.S. MOHITE, JJ. DATED: NOVEMBER 17, 2008 DATED: NOVEMBER 17, 2008 DATED: NOVEMBER 17, 2008 P.C. P.C. P.C. . Rule. By consent heard forthwith. . The parties orally have agreed at the bar as under : (1) An architect from the panel maintained by this court be appointed to look into the grievances of the Petitioner as highlighted in Para III (H) except Item Nos. 1, 9 and 11 of the Petition. (2) The Architect will submit his recommendations in respect of the deficiencies pointed out by the Petitioners. If there be any deficiencies the architect to submit action to be taken to rectify and or remove the said defects and also to give cost/estimats that will be required for carrying out the recommendations that he may give. (3) The recommendations as made will be carried out by Respondent No. 5 and the cost will be borne by Respondent No.5. The work done will be certified by the same Architect and the cost would be borne entirely by Respondent No. 5. The work will commence if approval of B.M.C. are not required, immediately on the Architect submitting report and if B.M.C. approval is required, on approval being obtained. (4) All the fees of the appointed Architect will be paid by Respondent No. 5. (5) In view of this agreement between the parties, the Petitioner will give up all other claims including the claim that the flats given to them were less than the area agreed to in the agreements signed between the individual members of the Petitioner and Respondent No. 5. (6) On completion of the work in terms of the report of the Architect, the Petitioner will withdraw all his complaints if there be any. (7) The Prothonotary and Senior Master on copy of this order being furnished, to appoint an Architect from the panel maintained by this court within 15 days of the order being served on the Prothonotary and communicate the same to the Petitioner and Respondent No. 5. While carrying out the inspection, Architect to give notice to both Advocate for Petitioner as also advocate for Respondent No. 5. Parties with the Advocates can remain present at the time of inspection. . Rule made absolute accordingly. No order as to costs. (R.S. MOHITE, J.) (R.S. MOHITE, J.) (R.S. MOHITE, J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.)