K.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.42 OF 2009 APPEAL NO.42 OF 2009 APPEAL NO.42 OF 2009 IN IN IN COMPANY PETITION NO.690 OF 2008 COMPANY PETITION NO.690 OF 2008 COMPANY PETITION NO.690 OF 2008 Super Tiles & Marbles Pvt.Ltd., )..Appellant Vs. Atlanta Limited )..Respondents ---- Mr.Paritosh Jaiswal i/by M/s.Kanga & Co. for the appellant. ---- Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 6.5.2009. PC 1. On a motion made by the learned Counsel for the appellant, Company Petition No.690 of 2008 is permitted to be withdrawn with liberty to file a summary suit for recovery of the amount. As the Company Petition itself has been withdrawn, the order passed thereon dated 16.10.2008 which is impugned in the appeal does not survive rendering the appeal infructuous. Appeal disposed of accordingly. (D.K.Deshmukh,J) (D.K.Deshmukh,J) (D.K.Deshmukh,J) : 2 : (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)