1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2660 OF 2009 _____________________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Mr.A.Y.Sakhare i/b R.A.Malandkar for the petitioner. Mr.Sripad Murthy i/b Piyush N.Shah for respondent no.1. CORAM : D.B.BHOSALE, J. DATED : 18TH AUGUST, 2009 P.C. :- 1. Heard learned counsel for the parties. 2. Mr.Sakhare, learned senior counsel for the petitioner-corporation submits that he has instructions not to press this writ petition and he seeks liberty to raise an issue of maintainability of the suit before the trial Court. Mr.Murthy, learned counsel for respondent no.1 has no objection for granting such liberty. The writ petition is disposed of as not pressed. If an issue of maintainability is raised by the petitioner-corporation, by consent, same may be considered and decided alongwith other issues in the suit. (D.B.Bhosale, J.)