1. Heard learned counsel for the opposite party. Learned counsel for the opposite party submits that the date fixed for today was duly informed to the complainants through a whatsapp message as well. 2. No one is present for the complainants even today nor were they present on 21.08.2023. 3. The Bench had been informed about the order passed by the Bombay High Court on 02.05.2023. Today again the said order has been placed before us and paragraph 4 of the said order categorically recites that the order is being passed on the agreement (consent) of the plaintiff and the defendant no. 1. The plaintiff in the original suit before the Bombay High Court is ‘RNA Palazzo Residents Welfare Association’. In the instant complaints the complainants are members of the same resident welfare association and are governed by the by laws and the rules and regulations thereof. 4. It appears that during the pendency of these complaints, original suit no. 1174/18 was filed in the year 2018 before the Bombay High Court, where now an arrangement has been drawn up with the consent of the parties vide order dated 02.05.2023 referred to above. The order proceeds in a way to eclipse all other proceedings and to execute the terms of the agreed proposals made before the Bombay High Court, where it is stated that a receiver has been appointed for execution of the project with the involvement of the resident welfare association as well. The court receiver after taking over has also submitted his site report dated 31.05.2023, a copy whereof has also been placed before us by the learned counsel. 5. In this view of the intervening developments parties have now submitted to the jurisdiction of the Bombay High Court in the aforesaid original suit and therefore it seems appropriate that the present complaints be consigned to records without prejudice to either of the parties in respect of the contentions raised herein to be set out and settled in original suit no. 1174 of 2018, before the Bombay High Court. 6. Accordingly, the complaints are closed and consigned to records, without prejudice to the rights of the parties. |