: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1733 OF 2008 ALONGWITH CIVIL APPLICATION NO.4507 OF 2008 Fidelity Software .. Appellants V/s. Employees’ State Insurance Corporation & Anr. .. Respondents Mr. S.S. Pakale for the Appellants. Ms. Nilima Satope h/f. Mr. P.M. Palshikar for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 17 TH MARCH, 2010. P.C.: 1. Mr. Pakale, the learned Advocate for the appellants, seeks leave to withdraw the First Appeal. 2. The First Appeal is allowed to be withdrawn and dismissed as such. 3. In view of the above, Civil Application No.4507 of 2008 pending in the First Appeal does not survive and the same is dismissed as infructuous.