bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1495 OF 2000 PETITION NO. 1495 OF 2000 PETITION NO. 1495 OF 2000 M/s.Ajinkya Builders & ors. ... Petitioners v/s M/s.Vaithara Constructions & ors. ... Respondents Smt.Gunjan Shah i/by S.A.Sawant for the petitioners. Smt.A.A.Mane, A.P.P. for the respondent No.2 State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 10TH JUNE, 2008 10TH JUNE, 2008 10TH JUNE, 2008 P.C. P.C. P.C.: 1. The learned advocate for the petitioners submits that the complainant - respondent No.1 has adopted both, criminal and civil proceedings, against the petitioners despite the clauses of the agreement entered into by the petitioners with the respondent No.1 on 9.9.1992. She submits that the petitioners will make an appropriate application before the trial Court for dismissal of the complaint on the aforesaid ground. 2. The learned advocate for the petitioners submits that all contentions raised in the present petition be permitted to be raised in the application which would be 2 filed by the petitioners before the trial Court. She therefore seeks to withdraw the petition. 3. The petition is allowed to be withdrawn with liberty to raise the contentions raised in the petition in the application which will be filed before the Trial Court. 4. The learned Magistrate shall dispose of the application, if filed, within three months from the date of filing of the same. 5. Writ petition stands dismissed as withdrawn.