IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO. 1367 OF 2008. WRIT PETITION NO. 1367 OF 2008. WRIT PETITION NO. 1367 OF 2008. Napier Builders and Developers, through its Partner Shri Abdul K. Jafari..Petitioner. versus Shaikh Mehboob alias Ayyub Elahi Baksh & Anr. .Respondents. .... Mr.Ajay Joshi, i/b. Mr.Vilas B. Tapkir, for the Petitioner. Ms. A.T. Jhaveri, APP, for Respondent No.2. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 10TH JULY,2008. : 10TH JULY,2008. : 10TH JULY,2008. P.C. 1. The learned counsel appearing for the petitioner seeks permission to withdraw this application with a liberty to prefer an appeal. Accordingly, writ petition is dismissed as withdrawn with liberty as prayed. All contentions on merits are kept open. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]