1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3186 OF 2011 (M/s. N.C. Baneerje and Company vs. Shri Manoj Balkrishna Shah and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N.A. Jachak, Advocate for the petitioner. Shri R. Chhabra, Advocate for the respondent nos. 1 to 6. Shri S.V. Sirpurkar, Advocate for the respondent nos. 7 and 8. Shri S.N. Bhattad, Advocate for the respondent no.10. -------- CORAM : R.M. SAVANT, J. DATED : JULY 28 , 2011 In view of the order passed by this Court on 27/7/2011 in the companion writ petition bearing No. 3187/2011 whereby the said writ petition was allowed, resulting in the application (Exh. 46) for amending the Counter Claim being allowed, the learned Counsel for the petitioner seeks withdrawal of the application for framing of additional issues, 2 with liberty to file a fresh application taking into consideration the fact that the amendment in the counter claim has been allowed. The application in question for framing of additional issues is accordingly allowed to be withdrawn. In view thereof, the challenge to the impugned order does not survive. The petitioner would be at liberty to file a fresh application for framing of additional issues, if so advised and if such application is filed, needless to say that the trial Court would consider the same on its own merits and in accordance with law and being uninfluenced by the order impugned in the present petition. The above petition to stand disposed of accordingly. JUDGE khj