IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2801 OF 2008 Assets Reconstruction Company India Ltd. .. Petitioner Vs. Alexcon Foamcast Limited and others .. Respondents Mr. Janak Dwarkadas, Senior Advocate with Mr. Sachin Chandana, Mr. Devyash Chourasia, Mr. Vishal Kaade i/by M/s. M.K. Ambalal & Co. for the petitioner. Mr. Rajesh Nagori i/by M/s. RMG Law Associates for the respondent Nos.1 and 2. Ms. Sapana Rachure i/by M/s. T.N. Tripathi & Co. for the respondent No.7. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 9TH JANUARY, 2009 P.C. The learned counsel appearing for the petitioner wishes to withdraw this petition with liberty to file appropriate appeal before the competent Court/Tribunal. This petition was filed in this court primarily for the reason that vacancy in the Appellate Tribunal has not been filled up. However, the appointment has been made on 5th January, 2008. The petition is disposed of as withdrawn with liberty as prayed. 2. The learned counsel appearing for the respective respondents submit that they will have no objection if an application for condonation is made before the Tribunal. 3. We have no doubt that the delay in filing the appeal would be considered by the Tribunal objectively for the reasons afore- recorded. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.