16. wp 8251-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION . WRIT PETITION NO 8251 OF 2010 Kalamboli Service Center through Proprietor Haresh Nagji Chheda .. Petitioner Vs Bharat Petroleum Corpn Ltd .. Respondent . . . . Mr G S Godbole i/b Sidharth R Ronghe for the Petitioner . . . Mr S R Page for Respondent : CORAM . . , . B R GAVAI J : , . DATE 17th FEBRUARY 2011 . .: P C . 1 , After arguing the matter for sometime when I was not inclined , . , to entertain the present petition Shri Godbole the learned , counsel for the petitioner on instructions of the petitioner who , is personally present in the Court states that since the petitioner has not raised specific objection regarding pecuniary , jurisdiction to entertain the counterclaim the petitioner would withdraw the present petition with liberty to file fresh . application so as to raise that ground 1 16. wp 8251-10.doc . 2 , Since the petitioner does not desire to prosecute the petition . , the petition is disposed of as withdrawn However it is made clear that the Court has not expressed any opinion regarding , tenability or otherwise of a fresh application for the said relief , and if such an application is made the parties would be at liberty to raise the grounds available to them in law and the learned trial Court would decide the same in accordance with . law . . , . [ B R GAVAI J ] 2 16. wp 8251-10.doc 3