1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5623 OF 2010 Mukesh S/o Ramdas Gore .. Petitioner Versus 1. Union of India, Through Secretary, Ministry of Defence New Delhi and others .. Respondents Shri S. R. Chaukidar, Advocate h/f Shri N. C. Garud, Advocate for the Petitioner. Shri Alok Sharma, Assistant Solicitor General for Respondent Nos. 1 to 4. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 29TH JUNE, 2010. PER COURT : . Mr. Chaukidar, learned counsel for the petitioner states that in the light of the constitution of the Armed Forces Tribunal, the petitioner may be permitted to withdraw this petition with liberty to submit the same before the duly constituted Armed Forces Tribunal. In that light of the matter, therefore, we permit 2 the petitioner to withdraw this petition. The petition is dismissed as withdrawn with the liberty as prayed for. This petition has been pending in this Court since 23.06.2010 till today. In case question of limitation arises the Tribunal may take into consideration the period of pendency of this petition in this Court. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10