IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 446 OF 2002 PETITION NO. 446 OF 2002 PETITION NO. 446 OF 2002 The Fuji Bank Limited & Anr. ... Petitioners V/s. State of Maharashtra & Anr. ... Respondents Mr. Dilip Taur i/b. K. Ashar & Co. for the petitioners. Mr. K.R. Belosey, Govt. Pleader for respondent No. 1. Mr. Ramesh R. Radich i/b. Federal & Rashmikant for respondent No.2. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & ANOOP ANOOP ANOOP V. MOHTA,JJ. V. MOHTA,JJ. V. MOHTA,JJ. DATED DATED DATED : 21st December, 2006 : 21st December, 2006 : 21st December, 2006 P.C. . The praecipe was taken out on behalf of respondent No.2 for dismissal/withdrawal of the petition as the matter has been settled out of Court. The petition by the petitioners was to challenge the declaration and notification dated 6th August, 2001 and notification dated 6th February, 2002 under the provisions of the Bombay Relief Undertaking (Special Provisions) Act, 1958. 2. The counsel for the petitioners points out that they have assigned their rights in favour of Barclays Bank BLC. Once that be the position and as the petitioners would have no longer any claim in ( 2 ) respect of subject matter, the petition has become infructuous. In the light of that Rule discharged. There shall be no order as to costs. [F.I. [F.I. [F.I. REBELLO, J.] REBELLO, J.] REBELLO, J.] [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]