1409cra113.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRA NO.113 OF 2011 M/S NANDKUMRA CONSTRUCTION, THROUGH ITS PROPRIETOR SHRI GHANSHYAM CHHABADA AND ANOTHER V/S M/S RAVI PETROLEUM, THROUGH ITS PROPRIETOR, SHRI RAVINDRA VYAS ........................................................................................................................................................ ..... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................................ ..... CORAM : R. K.DESHPANDE, J. DATE : 14. SEPTEMBER, 2011. The learned Counsel appearing for the applicants concedes to the position that the application filed under Section 9-A read with Order VII Rule 11(d) of the Code of Civil Procedure, was totally misconceived and hence, he seeks permission to withdraw the said application. He submits that the Court has observed in the order impugned that the preliminary issue can be framed as required by Order XIV Rule 2 the Code of Civil Procedure. Hence, he submits that he may be permitted to file such application for framing preliminary issue. In view of the fact that the permission is sought to withdraw the application Exh.12. The same is granted. In view of this, the revision application itself becomes infructuous. However, the applicant is at liberty to file .....2/- 1409cra113.11.odt 2 application under Order XIV Rule 2 of the Code of Civil Procedure, if it is permissible in accordance with law. JUDGE BrWankhede ...../-