IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 1878 OF 2011 (M/s. Shilpi Builders & Anr. vs. The Banking Ombudsman RBI & Ors) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & A.P. BHANGALE, JJ. SEPTEMBER 19, 2011. Shri Marathe, learned counsel for the petitioners seeks leave to withdraw the present petition with liberty to file fresh petition, raising challenge to the validity of the definition of Banking in clause 3(5) of Banking Ombudsman Scheme, 2006. Shri Deopujari, learned counsel for respondent No. 3 is opposing grant of any liberty in the matter. He points out that the petitioner was permitted by this Court in earlier round of litigation to move DRT. It is not necessary for this Court to look into the said controversy. If the petitioner wants to assail any constitutional validity, it is open to him. Insofar as impugned order in present petition is concerned, as we do not find any such challenge, the petition is without any merit. Hence, we permit the petitioner withdrawal with liberty as prayed for. JUDGE JUDGE *GS.