1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8657 OF 2009 Yashodabai Govind Gangadhar Phadke Charitable Trust and others Petitioners versus The Young Man's Hindu Association Respondent Mr.Sandeep A. Bhagwat for petitioners. Mr.Clive D'Souza for respondent. CORAM : A.S.OKA, J. DATE : 27th January 2010 PC :- 1. The learned counsel appearing for the petitioners states that as the petitioners have not explained the delay in filing the application for amendment, the petitioners may be permitted to withdraw the application at Exhibit-21 on which impugned order has been passed. The said prayer is opposed by the learned counsel for the respondent. 2. The application for amendment has been rejected mainly on the ground that no case is made out in the application for bringing the 2 case within the proviso to Rule 17 of Order VI of the Code of Civil Procedure, 1908. The petitioners want to file a fresh application containing explanation for delay. Hence, liberty deserves to be granted to the petitioners. It is obvious that it will be open for the respondent to oppose the fresh application on all grounds including the ground that the delay has not been properly explained. 3. Hence, writ petition is disposed of by passing following order :- (A) The petitioners are permitted to withdraw application at Exhibit-21 with liberty to file a fresh application for the same relief. Hence, order dated 29th July 2009 which is impugned in the writ petition has become inoperative; (B) It is made clear that all contentions of the respondent on fresh application, if any, filed by the petitioners are kept open. (A.S.OKA, J.)