IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.488 OF 2009 IN ARBITRATION PETITION (L) NO. 1144 OF 2009 M/s. Heart and Soul Entertainment Ltd. ... Appellant Versus Mr. Deepak Shivkumar Bahry ... Respondent Mr. Indu Prakash i/by Mr. C.K. Tripathi for the appellant. CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 16TH NOVEMBER, 2009 P.C. The learned counsel appearing for the appellant wishes to withdraw this appeal with liberty to move before the learned Single Judge in appropriate proceeding by pointing out that the facts noticed in para 2 of the impugned judgment are not substantiated by record. 2. Appeal is disposed of as withdrawn. Liberty as prayed granted. CHIEF JUSTICE A.M. KHANWILKAR, J.