1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.800 OF 2009 M/s Reliance Communication Ltd. .. Petitioner Versus Win Cable Internet Pvt.Ltd. .. Respondent Mr. C. D. Abuwalla i/by Dave & Co. for the petitioner Mr. Ajit Makhijani i/by M.M.Legal Associates for the respondent CORAM : S. J. KATHAWALLA, J. DATE : 17 th March, 2010 P.C.: 1. After hearing the learned Advocates for the parties, this Court had, on 3 rd March, 2010, dismissed the Company Petition. However, when this Court went through the papers for giving reasons in support of the order of dismissal, it realized that the alleged debt, admittedly, had not become due when the statutory notice was served on the Respondent Company. In view thereof, the matter was placed for directions and the attention of the Advocates appearing for the parties was drawn to the said fact. Learned Advocate appearing for the Petitioner, therefore, submitted that the Petitioner be allowed to withdraw this Petition with liberty to take out appropriate proceedings as advised. The learned Advocate appearing for the Respondent submits that he has no objection, if the Petitioner is 2 allowed to withdraw the Petition with liberty as sought. 2. Hence, I pass the the following order. O R D E R i. The earlier order of dismissal dated 3 rd March,2010 is recalled. ii. The Company Petition is disposed of as withdrawn with liberty as sought. (S. J. KATHAWALLA, J.)