:1: 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 WRIT WRIT WRIT PETITION NO.1006 OF 2007 PETITION NO.1006 OF 2007 PETITION NO.1006 OF 2007 M.Visvesvaraya Industrial Research and Development Centre ..Petitioner Vs. Deputy Commissioner of Income Tax and Others ..Respondents Mr.F.B.Andhyarujina i/b. Little & Co.for the Petitioner. Mr.A.S.Rao for the Respondents. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 4TH JUNE, 2007 : 4TH JUNE, 2007 : 4TH JUNE, 2007 P.C. P.C. P.C. . Heard the learned Counsel for the parties. The learned Counsel for the Petitioner fairly states that against the impugned order dated 21st December,2006, an Appeal has already been filed under Section 216 of the Income Tax Act. In view of the pending Appeal, the learned Counsel for the Petitioner seeks leave to withdraw the above Petition. The Petition is allowed to be withdrawn and dismissed as such. It is made clear that the Petitioner is entitled to raise all the contentions raised in this Petition, in the Appeal, which has already been filed. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)