-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1681 OF 2008 Vijaykumar H. Gupta ... Petitioner versus M.S.T.C. Ltd. and others ...Respondents Mrs. Prabha Badadare, instructed by Mr. R.S. Shekhawat for the petitioner. Mr. S.U. Kamdar, instructed by M/s. M.P. Rege & Company, for respondent No.1. Mr. M.D. Siodia, instructed by Rustamji & Ginwala, for respondent No.2. CORAM: P.B. MAJMUDAR & A.A. SAYED, JJ. DATE: AUGUST 29, 2008. P.C. Considering the fact that the contract has been awarded to the other party, learned counsel for the petitioner seeks leave of the Court to withdraw this petition with liberty to file suit for damages. Permission granted. It is clarified that we have not expressed any opinion on the merits of the case as the question of damages is not the subject matter before us. Petition is disposed of as withdrawn with liberty as prayed for. P. B. MAJMUDAR, J. -2- A.A. SAYED, J.