1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.517 OF 2009 Walter Raymond Patel & Ors. …Petitioners. Vs. State of Maharashtra & Ors. ...Respondents. WITH CHAMBER SUMMONS NO.112 OF 2009 IN WRIT PETITION (L) NO.517 OF 2009 Walter Raymond Patel & Ors. …Petitioners. Vs. State of Maharashtra & Ors. ...Respondents. And Maharashtra Housing & Area Development Authority. ...Addl.Respondent. WITH NOTICE OF MOTION NO.276 OF 2009 IN WRIT PETITION (L) NO.517 OF 2009 Walter Raymond Patel & Ors. …Petitioners. Vs. State of Maharashtra & Ors. ...Respondents. And Walter Raymond Patel &Ors. ...Applicants. Mr.S.U.Kamdar, Sr.Counsel i/b. Mr.Raj J. Khude for petitoners. Mr.Niranjan Pandit, AGP for Respondent No.1 to 3. Mr..D.H.Mehta a/w. Mrs.Shakuntala Mudbidri i/b. Divya Shah Associates for Respondent No.4. Mr. Abhay D. Thorat for applicants. 2 CORAM:- A.M.KHANWILKAR, J DATED :- JUNE 22, 2009. P.C. 1 The Petitioners through Counsel submit that the Petitioners are not interested in pursuing this remedy. Counsel appearing for Power of Attorney of the Petitioners however, submits that the Power of Attorney is entitled to pursue this remedy, even though the Power of Attorney has been cancelled. He further submitted that the Power of Attorney has already filed suit /motion for appropriate declaration and reliefs concerning the said Power of Attorney. In my opinion, however, it is only if the Power of Attorney succeeds in getting some order in the said suit/motion, would be entitled to pursue the present Petition. 2. In that view of the matter, I am acceding to the request of the Petitioners made through Counsel for permission to withdraw this Petition with liberty to the Power of Attorney of the Petitioners to get this Petition revived, subject to such order to be passed in the Suit/Motion instituted by the Power of Attorney. All questions are left open, to be decided at the appropriate stage. 3. Petition disposed of on the above terms. Resultantly, the Chamber Summons and the Notice of Motion is also disposed of on the same terms. (A.M.KHANWILKAR, J) 3