Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.138 of 2008 Jain Jagruti Centre Juhu & Ors. .. Petitioners V/s. M/s.Interactive Trader (I)Pvt.Ltd. .. Respondents Mr.H.S.S.Murthy a/w. Mr.N.M.Shah for the Petitioners. Mr.Praveer Shetty i/b. Res.Legal for the Respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 24th October, 2008 : 24th October, 2008 : 24th October, 2008 P.C. . Preliminary objection regarding maintainability of this proceedings is taken by the Counsel for the respondent company. It is argued that the petitioners claim to be trust but are not registered in the name in which petition has been presented or the statutory notice issued. Counsel for the petitioners submit that petitioners are none other than the constituents of the trust which is already a registered trust. That is not enough. It is only the trust which is registered will be treated as a juristic person and capable of pursuing legal remedy such as the present one. In any case the petitioners are not entitled to pursue legal remedy in the form in which it is presented. Having realised this technical defect in the statutory notice as well as the the presentation of the company petition, Counsel for 2 the petitioners in all fairness submits that in that case the petitioners be permitted to withdraw this petition with liberty to take recourse to such action as may be permissible by law including by giving fresh statutory notice to the respondent company in respect of the self same claim to be issued in the name of the registered trust of which the petitioners are constituents. Petition allowed to be withdrawn with liberty as prayed. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]