1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3642 OF 2009 Dhondiram s/o. Pandurang Tapade. .. Petitioner Versus Yashwant Nagari Sahakari Bank Ltd. and another. .. Respondents --- Mr. A.S. Deshpande., Advocate for the petitioner, CORAM : B.R. GAVAI, J. DATE : 29TH JUNE, 2009. ORAL ORDER :- 1. By way of present petition, the petitioner challenges the order dated 27th April,2009, vide which the application filed by the present petitioner for withdrawal of the suit with liberty to file a fresh suit came to be rejected. 2. The petitioner/plaintiff has filed a suit for perpetual injunction. The suit was rejected on merits. Being aggrieved thereby, 2 an appeal is filed by the petitioner. During the pendency of the appeal, the aforesaid application came to be filed. 3. The learned counsel for the petitioner submits that the technical defect regarding notice under Section 164 of the Maharashtra Cooperative Societies Act was not removed and therefore, the petitioner wanted to withdraw the suit so as to clear the said technical defect. 4. The learned trial court while rejecting the application has observed that the requirement of notice under Section 164 was brought to the notice of the petitioner in the written statement itself and in spite of that, no steps were taken by the petitioner. The learned trial court therefore held that the application at such a belated stage could not be entertained. 5. No perversity could be found with the approach adopted by the learned trial court so as to warrant interference. Hence, writ petition is rejected. [B.R. GAVAI, J.] grt/