1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4900 OF 2008 WRIT PETITION NO.4900 OF 2008 WRIT PETITION NO.4900 OF 2008 Essel Propack Ltd. .. Petitioner. vs. The State of Maharashtra & Ors. .. Respondents Mr.Prakash Shah with Mr.Pritesh Rajgor and Mr.J.Sanghavi i/b M/s.PDS Legal for the petitioner Ms.M.P.Thakur, A.G.P. for respondent nos.1 Mr.R.S.Apte, Sr.Advocate i/b Mr.A.A.Garge for respondent nos.2 to 4 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. DATE: 4TH DECEMBER, 2008. DATE: 4TH DECEMBER, 2008. DATE: 4TH DECEMBER, 2008. P.C. 1. The learned counsel for the petitioner seeks to withdraw the petition with liberty to prefer an appeal under section 406 of the The Bombay Provincial Municipal Corporation (Amendment) Act, 1995. 2. In view of the fact that the petitioner has approached this court directly by invoking its extraordinary jurisdiction and prosecuting the matter 2 before the court, we grant liberty to the petitioner to withdraw the petition and prefer an appeal which is an alternate remedy available to the petitioner under the said Act where all contentions and issues raised in the petition can be examined by the appellate authority. 3. We therefore, permit the petitioner to withdraw the petition with liberty to prefer an appeal. We make it clear that if the petitioner files an appeal within a period of two weeks from today, the appellate authority would consider the case of the petitioner for condonation of delay and hear the appeal on merits and dispose it of in accordance with law. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (S.J. Kathawalla, J.) (S.J. Kathawalla, J.) (S.J. Kathawalla, J.)