1 jpc/- IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7823 OF 2008 Prakash Raghunth Shenai .. Petitioner Versus Union of India and others .. Respondents Shri Dipesh U. Siroya for the Petitioner Shri A. S. Ramesan, for Respondent No. 4 CORAM: J. N. PATEL, & MRS. MRIDULA BHATKAR, JJ. DATED: 11th June, 2009 P. C 1. Heard. 2. This petition is filed by the petitioner who is decree holder, aggrieved by the decision of AIFR in remanding the matter to BIFR for rehabilitation of the respondent Company. It is the case of the petitioner that such order ought not to have been passed by the AIFR, particularly, in view of the finding arrived by it that the Company has no basis for survival and deserves to be wound up. Inspite of that, when the petitioner sought information under the Right to Information Act, he came to know that the AIFR has remitted the matter to BIFR for examining the viability and revival of the respondent Company. The petitioner is aggrieved by this decision as he is not able to execute the judgement and decree against respondent No.4. 2 3. In our view, it will be appropriate for the petitioner to intervene in the proceedings pending before the BIFR so that the BIFR can examine the claim and after hearing , pass appropriate order. 4. All the issues and contentions raised in the petition are kept open to enable the petitioner to agitate the same before the BIFR. 5. With the aforesaid observation, the petition is permitted to be withdrawn with liberty to approach the BIFR. 6. The petition is disposed of as withdrawn. (MRIDULA BHATKAR, J.) ( J. N. PATEL, J. )