1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.164 OF 2006 M/s. Skilled Engineering Works, A proprietary concern, K-51, MIDC, Waluj, Aurangabad. ...APPELLANT. VERSUS M/s. Fouress Engineering (India) Ltd., IC-2, MIDC, Paithan, Tq-Paithan, Dist-Aurangabad. ...RESPONDENT. ... Mrs. Meera T. Biradar Advocate for Appellant. None present for Respondent. ... CORAM: K.K. TATED, J. DATE : 18TH JUNE, 2009. PER COURT : 1. The Appellant preferred Civil Application No.5708 of 2009 for following relief: 2 (C) The appellant may be allowed to withdraw this second appeal with permission to file the Appeal from Order by protecting his rights accrued to him under the bona fide mistake. 2. The said Civil Application came to be allowed in terms of prayer clause (C). In view of the order passed in Civil Application No.5708 of 2009, the Appellant is allowed to withdraw the present Second Appeal with liberty to file Appeal from Order. 3. Second Appeal is disposed of accordingly. (K.K. TATED) JUDGE. asb/JUN09/sa164.06