1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1058 OF 2009 IN NOTICE OF MOTION NO.465 OF 2009 IN L.C.SUIT NO.904 OF 2009 M/s. NAN Developers Pvt.Ltd., ..Appellant V/s Mr.Sanjay Harischandra Chavan & Ors. ..Respondents ---- Mr.Uday Bobade i/by Sameer P Nangre for the appellant. Mr. Harinder Toor i/by Navdeep Vora & Associates for the respondents. Mrs.K.K.Soraan for the BMC. ---- Coram : R.S.MOHITE,J Date : 12th October, 2009. PC 1 It appears that the impugned order has been passed on the basis of concession made before the trial Court. Learned Counsel for the appellant states that there was no factual basis for making that concession. He states that he will withdraw this appeal if liberty is granted to move the trial Court. Appeal is therefore, allowed to be withdrawn with liberty as aforesaid. All contentions of the parties are kept open. (R.S.MOHITE,J) 2