1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDNARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 752 OF 2009 WITH NOTICE OF MOTION NO.256/2009 Suresh B.Rajpal Petitioner Versus Union Bank of India ,Byculla Respondent Mr.Laxman Venkatesan for the petitioner Mr.H.Toor i/b Mr.N.N.Amin & Co. for respondent CORAM: SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 12th November, 2009 P. C. . Learned counsel for the petitioner states that inadvertently the petitioner has not challenged the order passed by the Debts Recovery Appellate Tribunal rejecting his application for condonation of delay in filing the appeal before the Debts Recovery Appellate Tribunal. He seeks permission to withdraw the Writ Petition with liberty to file appropriate Petition. In the circumstances the Writ Petition is allowed to be withdrawn with liberty as prayed. 2] Needless to say that the maintainability of the petition which may be filed , will be decided on its own merits. 2 3] In view of the above order the Notice of Motion is also disposed of. ( RANJANA DESAI, J.) ( MRIDULA BHATKAR, J.) S.