1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 5663 OF 2008 Vaidyanath Sahakari Sakhar Karkhana, Ltd. Pangari. ..PETITIONER. V E R S U S The State of Maharashtra and others. ..RESPONDENTS. Shri Milind Patil, Advocate for the petitioner. Shri K.G. Patil,AGP for respondent No.1 State Shri R.N. Dhorde, Advocate for respondent No.3. Shri P.S. Pawar, Advocate for respondent No.4. CORAM : P. V. HARDAS AND R. K. DESHPANDE, JJ. DATE : 10th JUNE, 2009. PER COURT :- 1. After arguing for some time, Advocate Mr. Milind Patil states on instructions from the petitioner that petitioner may be permitted to withdraw this petition with liberty to avail the remedy of filing appeal u/s 17 (4) Securitisation and reconstruction of Financial Assets and enforcement of Security Interest Act, 2002. 2. Liberty is also sought for by the petitioner of submitting a detailed representation to respondent no.1, Government in respect of the prayer of the petitioner at prayer clause ‘C’ to the petition. 3. We thus, see no impediment in permitting the petitioner 2 to withdraw this petition and avail the remedies which is available to him. It may be stated that during the pendency of this petition which was filed on 18.09.2008 the possession of the distilleries came to be taken by the respondent Bank on 31.10.2008. If a prayer for condonation of delay is made by the petitioner in the appeal which is sought to be filed before the appellate authority, the appellate authority shall take into consideration the period of pendency of this petition i.e from 18.09.2008 till today. Liberty is granted to the petitioner of submitting a fresh representation to the respondent no.1 in respect of prayer clause ‘C’ to the petition. The respondent shall decide the said representation, if submitted by the petitioner in accordance with law, uninfluenced that a liberty is granted to the petitioner for submitting said representation. Representation shall be decided as expeditiously as possible. In the result, therefore, this petition is dismissed as withdrawn with no order as to costs. ( R. K. DESHPANDE ) ( P. V. HARDAS ) JUDGE JUDGE ..... aaa/office/wp5663.08.odt 3