1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1773 OF 2009 Liberty Commodities Ltd. & Anr. .. Petitioners Versus The Board of Trustees of the Port of Mumbai and Ors. .. Respondents Mr.R.M.Kadam, Advocate General i/b. Khaitan & Jayakar for petitioners Mr.U.J.Makhija with S.K.Chari & D.Das i/b. M/s.M.V.Kini & Co. for respondent No.1 Mr.P.K.Samdani, Senior Advocate with Ms.Aarathy Thampy i/b. Nivit Srivastav for respondent No.2 Mr.K.R.Chaudhari & G. Hariharan for respondent No.3. CORAM : J.N.PATEL, Actg. C.J. & S.C.DHARMADHIKARI, J. DATE : 5th May 2010. P.C.: 1] The learned Counsel appearing for respondents submits that the goods in question have already been auctioned and, therefore, nothing survives in the petition. 2] Learned Advocate General appearing for petitioner submits that in case the Auction Purchaser does not pay the full amount and complete the 2 sale, the petitioner may be permitted to move the Board of Trustees of Port of Mumbai under section 53 of B.P.T. Act. The petitioner may take recourse to the remedy available under the law for which this Court’s permission or leave is not required. 3] Learned Advocate General submits that the petitioner may be permitted to withdraw the petition with liberty to take recourse to the remedy available to it in law. Petition is allowed to be withdrawn with liberty as above. (Actg. Chief Justice) (S.C.DHARMADHIKARI, J)