IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.241 OF 2009 IN CHAMBER SUMMONS NO.635 OF 2009 IN EXECUTION APPLICATION NO.197 OF 2004 IN ARBITRATION MATTER NO.2 OF 2001 Rasesh Hasmukhlal Parikh and another. ... Appellants Vs. The National Small Industries Corporation Ltd. and another. ... Respondents Mr. Kishore Jain with Mr. M.A. Shah i/by Mr. A.G. Shah for the appellants. Mr. R.J. Singh i/by M/s. R.J. Singh & Co. for the respondent No.1. Mr. Bimal Bhabhda for the respondent No.2. CORAM: SWATANTER KUMAR, C.J. & S.C. DHARMADHIKARI, J. DATE : 23RD JUNE, 2009 P.C.: The learned counsel appearing for the appellant does not wish to press this appeal, however, with a specific liberty that at the time of confirmation of the bid which is held subsequent to the passing of the impugned order, he may raise the issue of refund of money on the ground that he was not unwilling to buy the flat at the relevant time. 2. Appeal is dismissed as withdrawn. Liberty as prayed granted. CHIEF JUSTICE S.C. DHARMADHIKARI, J.