1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.546 OF 2006 Lalit D. Sheth .. Petitioner. V/s. Union of India & Others .. Respondents. Mr.H.R. Shetty i/b. H.R. Shetty & Co. for the petitioner. Mr.A.S. Rao with Mr.G. Hariharan i/b. Dr.T.C. Kaushik for the respondents. CORAM : R.M. LODHA & CORAM : R.M. LODHA & CORAM : R.M. LODHA & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 7TH APRIL, 2006. DATED : 7TH APRIL, 2006. DATED : 7TH APRIL, 2006. P.C. : The impugned order is appellable under Section 35 of the Foreign Exchange and Management Act, 1999. Confronted with this, the learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to the petitioner to challenge the impugned order in appeal. 2. The writ petition is allowed to be withdrawn with liberty as prayed. 3. We clarify that if the remedy of appeal is time-barred, it will be for the petitioner to make out a ground for condonation of delay. (R.M. LODHA, J.) 2 (J.P. DEVADHAR, J.)