1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR COMPANY PETITION No.4 of 2007. (Rajesh Nimje +2 ..V/s.. Purushottam Nimje & others.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.K. Ankar, Advocate H/f. Mr. S.P. Bhandarkar, Advocate for petitioners. Mr. P.C. Madkholkar, Advocate for respondent no.1 to 3. CORAM : A.P. LAVANDE, J. DATED : 18th SEPTEMBER, 2009. Heard Mr. Ankar, learned counsel holding for Mr. Bhandarkar, learned counsel for petitioners. He seeks leave to withdraw the petition. Mr. Madkholkar, learned counsel for respondents submits that in the event this Court is inclined to grant lave to withdraw the petition, costs be granted in favour of the respondents as the petition itself is not maintainable against the respondents. According to Mr. Madkholkar, learned counsel for the respondents, petition is pending since 2007 and respondents have been unnecessarily dragged to this Court and the petition as filed is not maintainable against the respondents. In our view the petition filed by the petitioner is not maintainable against the respondents. 2 In view of above, the petition is allowed to be withdrawn subject to the petitioners paying costs of Rs.750/- (Rupees Seven Hundred Fifty Only) each in favour of the respondents 1 to 3 within a period of four weeks. Company petition stands disposed of. Company Application No.92 of 2009. In view of above order, application stands disposed of. JUDGE Tambaskar