ash 1 wp-9701.04 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9701 OF 2004 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri G.S. Godbole for the Petitioner. Shri M.S. Karnik for the Respondent Nos. 19(A) to 19(N). -- CORAM : A.S.OKA, J. DATE : 11TH MARCH, 2011 P.C.: . Learned counsel appearing for the Petitioner has placed on record a letter dated 8th March, 2011 addressed to the Advocate on record for the Petitioner which is also signed by the Petitioner. 2. This writ petition was ordered to be heard along with an Appeal from Order. The said Appeal has been disposed of. However, to enable the counsel for parties to take instructions, the writ petition was not disposed of. 3. The challenge in this Petition under Article 227 of ash 2 wp-9701.04 the Constitution of India is to the order dated 7th February, 2004 passed by the Trial Court below Application at Exhibit – 144. The Writ Petitioner is original Defendant No.1(A). Application at Exhibit -144 was made by the Petitioner. In the said application, a prayer was made seeking permission to withdraw the amount deposited with the Trial Court. It was contended that he needed the amount for medical treatment and the marriage expenditure of his daughter. In the said application, it was pointed out that in respect of the transaction, a bank guarantee of Rs.1,80,00,000/- has been given by 4th and 5th Defendants to the Petitioner. In the alternative, it was submitted that the petitioner was ready and willing to furnish solvent surety. While passing the impugned order dated 7th February, 2004, the learned Trial Judge observed that except for filing an application, no material was produced to show that the amount was required by the Petitioner. 4. In the letter which is taken on record, it is stated that the Petitioner is not interested to press and continue bank guarantee on record of this Court. It is thus obvious that the Petitioner is not interested in prosecuting the Petition. Accordingly, the Petition is disposed of. ash 3 wp-9701.04 2. All contentions of the parties on merits of the suit are expressly kept open. (A.S.OKA, J)