:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.438 OF 2005 IN BIFR PETITION NO.10 OF 1988 Powder Metals & Alloys Ltd. & Anr. ..Petitioners. Vs. Poder Metals & Alloys Kamgar Audyogik Utpadak Sahakari Society Ltd. ..Applicants. Ms.Nerissa Britto with Ms.Gayatri Singh for the Applicants. Mr.Girish S. Kulkarni with Mr. Satish C. Kekare for the Bank of Maharashtra. CORAM: A.M. KHANWILKAR, J. CORAM: A.M. KHANWILKAR, J. CORAM: A.M. KHANWILKAR, J. DATED: 18TH AUGUST, 2005 DATED: 18TH AUGUST, 2005 DATED: 18TH AUGUST, 2005 P.C. : P.C. : P.C. : Preliminary objection is raised on behalf of the added Respondents Bank of Maharashtra that relief in the present application can be considered only before the Debt Recovery Tribunal where proceedings are pending at the instance of secured creditors. 2. Counsel for the Applicants, on instructions states that the Applicants be permitted to withdraw this application with liberty to pursue such other remedy as may be permissible in law. 3. Hence, the Company Application is dismissed as :2: withdrawn.