1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7066 OF 2009 M/s. Cummins India Ltd. ..Petitioner. V/s. Union of India & Ors. ..Respondents. Mr. Vikram Nankani with M.R. Baya i/b. N.S. Thacker for petitioner. Mr. P.S. Jetly for respondents. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 7TH SEPTEMBER, 2009. P.C. :- 1. Heard learned counsel for the petitioner. The submission made by the learned counsel appearing for the petitioner is that the impugned orders are without jurisdiction and ab initio void. The said contention raised by the petitioner can always be raised in the alternate remedy which is available to the petitioner. Learned counsel for the petitioner, in the circumstances, prays for permission to withdraw the petition with liberty to approach appropriate forum. The prayer made is accordingly granted with liberty as prayed. The petitioner undertakes to approach the alternate forum within 15 days from today. In the meantime, parties to maintain status quo. 2. We make it clear that it would be open to the alternate forum to decide the matter on its own merits without getting influenced by this order. 3. The petition is disposed of accordingly with no order as to costs. 4. All contentions on merits are kept open. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)