IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 681 OF 2007 PETITION NO. 681 OF 2007 PETITION NO. 681 OF 2007 M/s.E1 Dorado Investment Co. Pvt.Ltd. ... Petitioner. V/s. The Tax Recovery Officer and another. ... Respondents. F.B.Andhyarjuna, senior counsel with Ms.Pallavi Divekar for the petitioner. B.M.Chatterjee for the respondents. CORAM CORAM CORAM : : : DR.S.RADHAKRISHNAN DR.S.RADHAKRISHNAN DR.S.RADHAKRISHNAN and and and V.C.DAGA, JJ. V.C.DAGA, JJ. V.C.DAGA, JJ. DATED DATED DATED : : : 9th 9th 9th April 2007. April 2007. April 2007. P.C. P.C. P.C. : : : ---- ---- ---- . Heard learned senior counsel for the petitioner and learned counsel for the respondents. 2. We are informed that that the auction of the flat in question is scheduled on 9th May 2007. 3. Learned counsel for the petitioner seeks leave to withdraw this petition with liberty to adopt appropriate civil proceeding before appropriate forum. Accordingly, petitioner is allowed to withdraw this petition with aforesaid liberty. In _ 2 - the event petitioner files appropriate proceeding within a period of one week from today, the trial court shall, expeditiously, take up the interim application for hearing, 3. Petition is, thus, dismissed as withdrawn. (V.C.DAGA (V.C.DAGA (V.C.DAGA J.) J.) J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)