spb/ 1 wp4393-09 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 4393 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. M.S. Menon with Mirdula Menon i//by M/s. A.A.Siddiqui & Associates for the Petitioners. Mr. S.M. Gorwadkar a/w. Amit Bhave i/by Milan Bhise & Co. for the Respondent No.1. Mr.Shreyas Vyas i/by Khare Legal Chambers for Respondent Nos. 2 to 10. --- CORAM : D.G. KARNIK, J. DATE : 27th JANUARY, 2011 P.C.:- 1 Heard learned counsel for the parties. 2 Mr. Gorwarkar, learned counsel for the respondent no.1 raised a preliminary objection to the maintainability of the writ petition on the ground that the impugned order is an order passed under Order 40 Rule 1(i)(b) of the Code of Civil Procedure and as such an appeal lies against the said order under Order 43 of the Code of Civil Procedure. spb/ 2 wp4393-09 3 After hearing the learned counsel for the parties on the preliminary objection and when I was about to dictate the order, the learned counsel for the petitioner seeks leave to withdraw the petition with liberty to challenge the impugned order by way of an appeal or in any other appropriate proceedings before appropriate forum. Leave granted subject to law of limitation. 4 Writ petition is disposed of with liberty as prayed above. It is, however, ordered that interim relief which has been granted by the court earlier shall remain in force for a period of two weeks from today. (D.G. KARNIK, J.)