1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1957 OF 2009 Rawassa Construction ..Petitioner. V/s. Income Tax Settlement Commission & Ors. ..Respondents. Mr. Vipul Joshi i/b. Sameer Dalal for appellant. Mr. P.S. Sahadevan for respondents. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 30TH NOVEMBER, 2009. P.C. :- 1. On the motion made by learned counsel for the petitioner, he is allowed to withdraw the petition since Mr.Sahadevan appearing for the respondents makes a statement that the waiver application dated 13th February, 2008 made before the Chief Commissioner of Income Tax, Mumbai would be decided on its own merits, including the maintainability thereof. In this view of the matter, Mr.Joshi is allowed to withdraw the petition with no order as to costs. 2. All rival contentions, including that of maintainability are kept open. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)