1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1473 OF 2010 WITH CIVIL APPLICATION NO.3983 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Satish Shetey i/b Rajeev Gupta for the appellant. Mr.S.D.Mogre for the respondents. CORAM : D.B.BHOSALE, J. DATED : 1/12/2010 PC: 1. Heard learned counsel for the parties. 2. Mr.Mogre, learned counsel for the respondents at the outset invited my attention to Order 23 Rule 3A of the Code of Civil Procedure and submitted that the suit instituted by the appellant itself is not maintainable. Having confronted with this, learned counsel for the appellant on instructions from the instructing advocate, who is present in the court, prays for withdrawal of this appeal with liberty to the appellant to file an application for S 2 appropriate relief in S.C.Suit No.4941 of 2003. The appeal is disposed of as withdrawn with liberty as prayed. Consequenlty, the civil application is also disposed of. (D.B.BHOSALE, J.)