1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1279 OF 2008 DIST.: MUMBAI Dharmendra Shambhubhai Vaghashia & Anr. ...Petitioners Versus State of Maharashtra & Ors. ... Respondents Mr. C.J. Sawant, Senior Advocate, i/by M/s. Kansara & Thanekar for the Petitioners Mrs. A.S. Pai, Additional Public Prosecutor, for the State Mr. K. Dighe for Respondent No. 2 Mr. S.C. Ghosh i/by M/s. Paras Kuhad & Associates for Respondent No.3. CORAM: B ILAL NAZKI and A.A.KUMBHAKONI,JJ. DATE: JULY 17, 2008 P. C.:- The learned counsel for the petitioners seeks to withdraw this petition, as the controversy raised therein is already decided by this Court in Criminal Writ Petition No. 2767 of 2006 and other connected matters on 2nd April, 2007. The petitioners, however, seek liberty to file an appeal before the Debts Recovery Tribunal (D.R.T.). 2 2. This Court is not deciding this matter on merits, nor the earlier Bench decided the controversy on merits. 3. Therefore, the petition is dismissed as withdrawn, with liberty to approach the D.R.T. 4. A request is made by the learned counsel for the petitioners for stay for some period, to enable him to approach D.R.T. This matter was pending in this Court from June, 2008. The petition itself has been filed after the judgment was pronounced by the Division Bench in another case, to which a reference has been made hereinabove. No stay was granted at any stage. Therefore, there is no ground for us to pass an order of stay. The petitioners are at liberty to request D.R.T. for stay when they approach it. BILAL NAZKI, J. A.A. KUMBHAKONI, J.