bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 123 OF 2009 IN WRIT PETITION NO.973 OF 2009 Mr.Chandrakant Shah ..Applicant Vs. Mr.Illyas Abdul Gaffar & Ors. ..Respondents Mr.Y.V.Divekar i/b. M/s.Divekar & Co. for applicant. None for respondents. CORAM :- V.C.DAGA,J. DATE : 1ST OCTOBER, 2009 (At 2.35 in Chamber) P.C. 1. Heard learned Counsel for the petitioner. None appeared on behalf of respondents, though respondent Nos.1 and 2 were put on notice of this hearing, when they were present on the last date. So far as respondent No.3 is concerned, nobody is present though served. Affidavit of service is taken on record. 2. Learned Counsel for the petitioner seeks leave to withdraw the Writ Petition No.973 of 2009 with a view to prosecute alternate remedy. Since nobody is appearing on behalf of respondents, this Court presumes that the respondents will have no objection for the grant of prayer made. 3. Having heard the learned Counsel for the applicant, for the reasons stated in the Review Petition, the order dated 3rd February, 2009 is reviewed and recalled and substituted with that of following one: “Heard. Perused petition. On the motion made by learned Counsel for the petitioner, the petition is allowed to be withdrawn with liberty to proceed with the alternate remedy in the alternate Forum, as may be available in law. All rival contentions on merits are kept open.” 4. Review Petition and Writ Petition stand disposed of in terms of this order. (V.C.DAGA,J.)