1 CP 344 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 344 OF 2010 Prasad Steels ...Petitioner Vs. Yashraj Containeurs Ltd. ...Respondent --- Mr.Prasad Das for Petitioner Mr.Viraj Maniar for Respondent --- CORAM: S.J. KATHAWALLA J. DATED: 28th July, 2011 P.C. 1. The learned Advocate appearing for the Company has pointed out that the above Company Petition is filed by the Petitioner when the reference filed by the Company is pending before the BIFR. It is therefore submitted that the Petitioner may withdraw the above Company Petition at present and file a fresh petition after the BIFR proceedings are over. The learned Advocate appearing for the Petitioner, therefore, on instructions, seeks to withdraw the Company Petition with liberty to file a fresh petition after the BIFR proceedings are over. 2. It is clarified that as and when a fresh Application is filed by the Petitioner, the Respondent Company shall 2 CP 344 of 2010) not be entitled to contend that the fresh application is time barred or not maintainable on the ground of the earlier Petition having been withdrawn. All the rights and contentions of the parties are kept open. 3. The Company Petition is, accordingly, disposed of as withdrawn with liberty as sought. (S.J. KATHAWALLA J.)