((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.781 OF 2007 Chandrakant Harilal Parekh Petitioner versus M/s.Sai-Sidhi Impex Pvt.Ltd. Respondent Anjali N. Helekar for petitioner. Shekhar Shette i/by Pandya Gandhi & Co. for respondent. CORAM : A.M.KHANWILKAR, J. DATE : 25th March 2008 PC : 1. In response to the preliminary objection taken by the respondent that the statutory notice has been sent on address which was not the registered address of the respondent company, the counsel for the petitioner was at pains to rely on averments in paras 7 and 8 of the petition to contend that the petitioner in fact had sent the earlier statutory notice dated 26th September 2006 on the address which, according to the respondent, is the changed registered address of the respondent company since 2003. However, in stead of uncertainty of the final view that may ((-2-)) MST be taken in respect of the said argument, the petitioner has been advised to withdraw the present petition with liberty to pursue the same remedy in respect of the self-same claim by issuing fresh statutory notice on the last known registered address of the respondent company. 2. Counsel for the respondent fairly concedes that abovesaid option resorted to by the petitioner is the legal position stated by this Court in the case of N.L.Mehta Cinema Enterprises (P) Ltd. Vs. Pravinchandra P. Mehta reported in 1991 (Vol.70)-Company Cases,31. In the light of the said judgement, the petitioner is permitted to withdraw this petition with liberty to pursue remedy for the self same claim and relief which will be decided on its own merits in accordance with law. Ordered accordingly. (A.M.KHANWILKAR, J.)