1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5421 OF 2008 Bhagyalaxmi Holding Pvt. Ltd., ..Petitioner V/s Bom. Mercantile Co-operative Bank Ltd., and others. ..Respondents ------------------------------------------------------ Mr.P.F. Totala, Advocate for the petitioner ------------------------------------------------------ (CORAM : R.M.BORDE,J.) DATE : 8th December, 2009. PER COURT : 1. The Counsel for the petitioner, on instructions, seeks leave to withdraw the Petition for availing of alternate remedy. Leave is granted. Petition is rejected as withdrawn. 2. The Appellate Court while considering the application for condonation of delay would take into consideration the period spent in prosecuting the remedy before the High Court. (R.M.BORDE) JUDGE GAS/wp5421.08