IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO. 2032 OF 2008 WRIT PETITION NO. 2032 OF 2008 WRIT PETITION NO. 2032 OF 2008 Nalin Kalyanji Vira ] .. Petitioner Versus 1. Vira Pathological Laboratory & 3 ors] .. Respondents Mr. R.M. Haridas for the petitioner. Mrs. Usha Kejriwal, APP, for the respondent - State. CORAM: S.B. MHASE & SMT. R.P. SONDURBALDOTA, JJ. DATED: 13TH OCTOBER, 2008 P.C. : 1. Learned counsel for the petitioner states that he desires to pursue the alternate remedy, if available and, therefore, seeks liberty and leave of this court to withdraw the Petition. 2. Leave granted. Petition is allowed to be withdrawn with liberty as prayed for provided the alternate remedy is available. We have not considered the case of availability of remedy on its own merit. Therefore, the authority before whom the petitioner approaches, such authority to scrutinize whether such remedy is available before it. : 2 : 3. Writ Petition, accordingly, stands disposed of as withdrawn. Sd/- Sd/- [SMT. [SMT. [SMT. R.P. SONDURBALDOTA, J.] R.P. SONDURBALDOTA, J.] R.P. SONDURBALDOTA, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]