1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1285 OF 2009 M/s. Nigdi Land Development Company Pvt. Ltd. ... Petitioners. (Orig. Plaintiff) V/s. Pimpri Chichwad New Town Development Authority, Nigdi & Ors. ... Respondents. Mr. Madhav Jamdar for the Petitioners. None for the Respondents. CORAM : S.C. DHARMADHIKARI, J. DATED : 15TH JUNE, 2009. P.C. :- Considering that notice before admission has been issued in Writ Petition No.1284 of 2009, Mr. Jamdar, appearing for the Petitioner states that he has received instructions from his client to withdraw Application (Exhibit 97) filed before the Trial Court with liberty to make a fresh application if amendment to the plaint is permitted. I see no prejudice to the other side being 2 caused because of the withdrawal of this Application as in any event this Application has been rejected by the Trial Court. In these circumstances, while disposing off this Petition, I am of the view that no notice is required to be issued to the Respondents. More so, as no opinion is expressed on the merits of the controversy and all contentions of both sides are expressly kept open. 2. In the light of the limited request made and considering that it causes no prejudice to either side, this Writ Petition is disposed off by allowing the Petitioners to withdraw the Application made in the Trial Court (Exhibit 97) with liberty to file a fresh Application after disposal of Writ Petition No.1284 of 2009. No order as to costs. S.C. DHARMADHIKARI, J.