IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO. 71 OF 2009 The Commissioner of Customs (Imports). ... Appellant. V/s. M/s.Mahavir General Health and Medical Relief Society. ... Respondent. R.Ashokan for the appellant. V.M.Doiphode with Ms.Kranti Doiphode i/b. V.M.Doiphode & Co. for the respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 18th November 2009. P.C. : Heard learned counsel for the appellant and learned counsel for the respondent. Perused appeal. 2. Learned counsel for the respondent has brought to our notice civil appeal bearing No.4059/2009 filed by the respondent which is pending before the Apex Court against the very same order which is impugned in the present appeal. Copy of the order passed by the Apex Court evidencing pendency of the Civil Appeal No.4059/2009 is produced on record along with affidavit. Reacting to this, learned counsel appearing for the appellant- Revenue seeks permission to withdraw this appeal with liberty to get impleaded in the aforesaid appeal filed by the respondent before the Apex Court and to take appropriate steps in that behalf. He further submits that if need arises, they will file separate appeal. 3. Accepting the prayer made by learned counsel for the appellant- Revenue, appellant is allowed to withdraw this appeal with liberty to approach the Apex Court. All rival contentions are kept open. 4. Appeal is disposed of as withdrawn with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)