1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1441 OF 2009 Hirachand R. Jain. ..Petitioner. V/s. Chennai Petroleum Corpoation Ltd. ..Respondent. Ms.Nita Solanki i/b. M/s.Kiran Jain & Co. for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 13, 2009. DATE : FEBRUARY 13, 2009. DATE : FEBRUARY 13, 2009. P.C. : P.C. : P.C. : 1. In view of the preliminary objection raised that the impugned order is amenable to Appeal under Order 43 of CPC, the Counsel for the Petitioner seeks liberty to withdraw this Petition to enable the Petitioner to present appeal from order. 2. Accordingly, Petition is allowed to be withdrawn as prayed. All questions in the proposed appeal are left open including issue regarding limitation, if any. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)