-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2564 OF 2008 WITH NOTICE OF MOTION NO.510 OF 2008 In WRIT PETITION NO.2564 OF 2008 Kesar Enterprises Limited & Anr. : Petitioners V/s. The Oriental Insurance Co. Ltd. & Ors. : Respondents ... Mr.Rishabh Shah i/b. Ms Bharati Indulkar for the petitioners. Mr.V.Y. Sanglikar for respondent no.1. .... CORAM : SWATANTER KUMAR, C.J.& S.A. BOBDE, J. DATE : DECEMBER 02, 2008. P.C. 1. With the consent of the parties, the Writ Petition itself is taken up for hearing. 2. Rule, returnable forthwith. Mr.Sanglikar waives service for the respondent no.1. -: 2 :- 3. We have heard the learned counsel appearing for the parties. We do not consider it necessary to interfere with the impugned order in the present Writ Petition primarily because the Estate Officer has exercised his discretion and keeping in view the fact that the petitioners have already started their evidence which is substantially recorded, he has declined to call upon the respondent no.1 in the Writ Petition to lead evidence. 4. We do not consider it necessary to discuss the matter or otherwise the contentions raised before us. Suffice it to say that during the course of hearing, without prejudice, the learned counsel for the petitioners wishes to withdraw the Writ Petition. However, he states that after the evidence of the petitioners, the respondent no.1 herein should lead their evidence to which the learned counsel for the respondent no.1 has no objection. The respondent no.3 Estate Officer before whom the respondent no.1 presents its witness for cross-examination on the next date fixed by the Estate Officer, shall take into consideration the affidavit tendered by the witness. In the event of default, the benefit of this order shall be forfeited. 5. Writ Petition is, accordingly, disposed of. Rule shall stand discharged. -: 3 :- 6. In view of the disposal of the Writ Petition, Notice of Motion No.510 of 2008 does not survive and the same stands disposed of. CHIEF JUSTICE S.A. BOBDE, J.