1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6944 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri P.K. Dhakephalkar, Sr. Counsel i/by Shri R.R. Sharma for the Petitioners. Shri N.V. Walavalkar, Sr. Counsel i/by Shri Vipin Kamdi for the Respondent No.1. -- CORAM : A.S.OKA, J. DATE : 3rd February, 2010. P.C.: . Learned Senior Counsel appearing for the Petitioners seeks permission to withdraw this Writ Petition as the Petitioners desire to file a Civil Suit. He invited my attention to the observations made by the learned trial Judge in Paragraph 18 of the impugned order regarding bar of limitation. He submits that the said observations should not be construed to mean that the suit which is proposed to be filed is barred by law of limitation. 2. Perusal of the impugned order shows that the trial Court has dealt with the merits of a Chamber Summons 2 taken out by the Petitioners and obviously the trial Court could not have recorded any finding on the issue of limitation which may arise in a suit which may be filed by the Petitioners. The observations made in Paragraph 18 cannot be construed as observations on the issue of limitation in the suit proposed to be filed. 3. The Petition is accordingly dismissed as withdrawn. Dismissal of the Petition will not preclude the Petitioners from filing a Civil Suit. It is obvious that all contentions of both the parties in the suit are expressly kept open. It is also obvious that the issues relating to bar of limitation and maintainability of the suit are kept open which will be decided by the appropriate Court without being influenced by the impugned order. 4. The learned Senior Counsel appearing for the Petitioners prays for continuation of the ad-interim relief granted by this Court on 10th August, 2009. The said ad- interim relief shall continue to operate for a period of six weeks from today. It is made clear that the prayer made by the Petitioners for grant of interim relief will be decided by the appropriate Court on its own merits 3 without being influenced by the grant of ad-interim relief by this Court and continuation thereof by this Court. 5. The learned Senior Counsel appearing for the Petitioners states that a notice of any application which may be made for interim relief in the proposed suit will be given to the 1st Respondent. (A.S.OKA,J) ash