2611wp4737.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4737 OF 2009 DR. MUKUND PURUSHOTTAM DEO VS. DINKAR LAXMANRAO BADARKHE & 6 OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 26th NOVEMBER, 2009. 1. Heard Mr. Anil Mardikar, Counsel for the petitioner and Mr. Anand Parchure, Counsel for respondent No. 1. 2. Learned Counsel for respondent No. 1 states that Complaint No. 339 of 2009 is filed before District Consumer Redressal Forum against the petitioner by respondent No. 1 and others. He further submits that the petitioner has challenged the action of Consumer Forum by taking cognizance without following procedure stipulated in the decision of the Apex Court in the case of Martin F. D’Souza vs. Mohd. Ishfaq reported in AIR 2009 S.C. 2049. 3. Mr. Parchure, learned Counsel for respondent No. 1 states that respondent No. 1 shall withdraw the complaint against the petitioner and 2611wp4737.09.odt 2/2 prosecute the same only against other respondents. A pursis to that effect dated 23/11/2009 is filed on record today. 4. In view of the above referred statement made by the learned Counsel for respondent No.1 as well as pursis filed on record dated 23/11/2009, Mr. Mardikar, learned Counsel for the petitioner seeks permission to withdraw the present writ petition. 5. In the circumstance, writ petition is disposed of as withdrawn. Interim order stands vacated. JUDGE JUDGE wwl