Lsp 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 COMPANY PETITION NO. 168 OF 2008 Ashok Jagirdar ..Petitioner V/s. M/s. Garware Wall Ropes Ltd. ..Respondents Mr.Prakash Gyani with Mr.Ashok R.Varma i/b.G.V.Nagar Sheth for the petitioner. Mr. Pankaj Das for respondent. CORAM CORAM CORAM : A.M.KHANWILKAR,J : A.M.KHANWILKAR,J : A.M.KHANWILKAR,J DATED DATED DATED : 10th October, 2008. : 10th October, 2008. : 10th October, 2008. P.C. . Heard Counsel for the parties. Counsel for the respondent submits that due to inadvertence reply affidavit sworn by the Forest Officer of the respondent company as back as on 13th August, 2008 remained to be filed in the office. By way of indulgence, the same is taken on record. Having regard to the statement made in the reply affidavit, that the respondent company has already deposited the decretal amount in the Appeal filed before this Court, it necessarily follows that the respondent company is capable of discharging obligation cast upon the respondent company in terms of decree passed by the Civil Court. In this view of the matter, Counsel for the petitioner submits that the petitioner will not pursue present petition 2 and be allowed to withdraw this petition without prejudice to the rights and contentions of the petitioner in the pending appeal proceedings. Accordingly, petition is allowed to be withdrawn with liberty as prayed. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]