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 APPEAL APPEAL APPEAL NO. 314 OF 2006. NO. 314 OF 2006. NO. 314 OF 2006. IN IN IN CONTEMPT CONTEMPT CONTEMPT PETITION NO. 6 OF 2006 PETITION NO. 6 OF 2006 PETITION NO. 6 OF 2006 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 2858 OF 1993 OF MOTION NO. 2858 OF 1993 OF MOTION NO. 2858 OF 1993 IN IN IN L.C.SUIT L.C.SUIT L.C.SUIT NO. 2297 OF 1991 NO. 2297 OF 1991 NO. 2297 OF 1991 Ashfaqul Haq Khan. ... Appellant. Versus. The Muncipal Corporation of Greater Mumbai and another. ... Respondents. Ms.Mili Thakkar i/by Shri R.V.Thakkar for the Appellant. Shri A.Y.Sakhare, Senior Advocate with Shri K.N.Gaikwad for the Respondent. CORAM CORAM CORAM : KSHITIJ R.VYAS, C.J., & : KSHITIJ R.VYAS, C.J., & : KSHITIJ R.VYAS, C.J., & ABHAY ABHAY ABHAY S.OKA, J. S.OKA, J. S.OKA, J. DATE DATE DATE : 13th July, 2006. : 13th July, 2006. : 13th July, 2006. P.C.: P.C.: P.C.: 1. The learned Counsel appearing for the Appellant seeks permission to withdraw this Appeal with liberty to approach the Apex Court under Article 136 of the Constitution of India, in view of the decision rendered by the Apex Court in Midnapore Peoples Cooperative Bank Ltd. v/s. Chunilal Nanda and others, (2006 AIR SCW 2766). The Appeal is accordingly dismissed as withdrawn with liberty as prayed. CHIEF CHIEF CHIEF JUSTICE JUSTICE JUSTICE ABHAY ABHAY ABHAY S.OKA, J. S.OKA, J. S.OKA, J.