1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8198 OF 2009 Shankar L. Jadhav ....Petitioner V/s. M.S.F.C. & Ors. ....Respondents Mr.B.G. Tangsali for the Petitioner. Mrs.N.P. Patankar with Mr.V.P. Sawant for Respondent No.1. CORAM : S.J. VAZIFDAR, J. DATE : 20TH JANUARY, 2010. P.C. :- 1. Mr.Tangsali, the learned counsel appearing on behalf of the Petitioner, without prejudice to his contention but with a view to avoid being caught up on technical issues, seeks leave to withdraw the Petition with liberty to approach the appropriate Court. The said liberty has already been granted by the impugned order. The same is confirmed. 2. The question of condonation of delay will naturally be decided by the appropriate Court. 3. Even on the basis of precedent, the matter was not free from doubt. Indeed when the complaint was filed, the Court had jurisdiction in view of the judgment of the learned single Judge. The Division Bench judgment was delivered subsequently. The filing of the application before the Industrial Court at Nashik therefore was bona-fide and understandable. 2 The Petitioner cannot be faulted for the same. However, in view of the judgment of the Division Bench, the law has now changed. In these circumstances, it is highly probable that the application for condonation of delay, if filed, will be allowed. In the circumstances, I am not inclined to dismiss the Writ Petition on the alternate ground that the Petitioner’s complaint is in any event barred by limitation. 4. The Writ Petition is accordingly disposed of.