IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4145 OF 1997 WRIT PETITION NO.4145 OF 1997 WRIT PETITION NO.4145 OF 1997 Shri S.P.Dange & Anr. ..Petitioners. V/s. Walchandnagar Industries Ltd. & Anr. ..Respondents. Mr.N.M.Ganguli for petitioners. Mrs.A.P.Purav for respondent No.1. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 28TH APRIL, 2008. DATED : 28TH APRIL, 2008. DATED : 28TH APRIL, 2008. P.C. :- P.C. :- P.C. :- 1. Heard Mr.Ganguli, learned counsel for the petitioner and Mrs.Purav, learned counsel for the respondents. 2. Learned Counsel for the respondents tendered two affidavits of the petitioners wherein it is stated that they have settled the matter long back with the Company and they do not want to proceed with the present Writ Petition. Mr.Ganguli, learned counsel for the petitioners had taken adjournment twice to seek instructions, however, till date he has not received any instructions. There is no reason to disbelieve the affidavits. In this view of the matter, the affidavit dated 4/7/2000 of Mr.Dange is taken on record and marked - =: 2 := - ’X-1’ for identification and affidavit dated 13/7/2000 of Mr.Sonavane is taken on record marked ‘X-2’ for identification. 3. In the light of the aforesaid affidavits, the petition is dismissed as infructuous. However, the petitioners are at liberty to move the Court for restoration of the petition, if according to them no such affidavits were executed. No costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)