1 cp295-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.295 OF 2010 M/s.Himani Construction Company through its Proprietor Mr.Himanshu Prabha .. Petitioner versus Sewri Engineering Co Pvt Ltd .. Respondent Mr.Rahul Rishbud for the petitioner. Mr.N.Engineer i/by Desai & Diwanji for the respondent. CORAM : S.C.DHARMADHIKARI, J. 22nd September 2011. P.C.: . Upon attention of the petitioner's advocate being invited to the fact that there is a dispute raised to the claim of the petitioner, as set out in the affidavit in reply and which cannot be discarded straightaway, the learned counsel appearing for the petitioner in all fairness seeks leave of this Court to withdraw this company petition with liberty to file a suit. 2 Leave to withdraw the petition is granted. Petition is dismissed as withdrawn with liberty as prayed. All contentions of both sides as far as jurisdiction, maintainability/limitation and merits are concerned, the same are kept open. (S.C.DHARMADHIKARI, J)