1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5708 OF 2009 IN SECOND APPEAL NO.164 OF 2006 M/s. Skilled Engineering Works, A proprietary concern, K-51, MIDC, Waluj, Aurangabad. ...APPLICANT. VERSUS M/s. Fouress Engineering (India) Ltd., IC-2, MIDC, Paithan, Tq-Paithan, Dist-Aurangabad. ...RESPONDENT. ... Mrs. Meera T. Biradar Advocate for Applicant. None present for Respondent. ... CORAM: K.K. TATED, J. DATE : 18TH JUNE, 2009. PER COURT : 1. Present Civil Application preferred by the original plaintiff for allowing them to withdraw the Second Appeal 2 with liberty to file Appeal from Order. 2. Learned counsel for the Applicants states that they already served the copy of present Civil Application on the Advocate appearing on behalf of the Respondent. 3. Considering the averments in the present Civil Application, Civil Application is allowed in terms of prayer clause (C), which reads as under: (C) The appellant may be allowed to withdraw this second appeal with permission to file the Appeal from Order by protecting his rights accrued to him under the bona fide mistake. 4. Civil Application is disposed of accordingly. (K.K. TATED) JUDGE. asb/JUN09/ca5708.09