mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8712 of 2006 Manojkumar Jagatrai Virani & ors. .. Petitioners versus M/s.Kanoria Brothers & ors. .. Respondents ... Mr.R.A. Jehagirdar, Sr.Counsel for the petitioners. Mr.K.D. Shah for the respondents. CORAM : A.M.KHANWILKAR, J DATED : 11th August 2008 P.C.: 1. Counsel for the petitioners submits that instead of going into the issue noted in order dated 4th August 2008, the petitioners be permitted to withdraw this petition with liberty to move the lower court by filing application for condonation of delay in filing appeal. Counsel for the respondent no.3 has no objection provided it is clarified that the delay application would have to be considered on its own merits. In the circumstances, petition is allowed to be withdrawn with liberty subject to the objection taken by respondent no.3. (A.M.KHANWILKAR, J)