vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.739 OF 2008 CRIMINAL APPLICATION NO.739 OF 2008 CRIMINAL APPLICATION NO.739 OF 2008 Shima Seiki Mfg. Ltd. ... Applicant V/s. Bindu Synthetics Ltd. & Ors. ... Respondents Mr.Nitin Pradhan for Applicant Mr.A.H.H. Ponda for Respondent Nos.1 & 2 Mr.P.A. Pol, APP, for State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 28, 2008 APRIL 28, 2008 APRIL 28, 2008 P.C.: P.C.: P.C.: . The applicant has approached this Court for a direction against the Chief Metropolitan Magistrate, Esplanade Court to assign CC No.132/SW/2005 to any other Court since the Court to which it was assigned is vacant. Such relief could have been sought before the Chief Metropolitan Magistrate by preferring an appropriate application. In this view of the matter, the learned counsel for the applicant seeks to withdraw the application with liberty to approach this Court in the event no orders are passed by the CMM. Criminal Application is allowed to be withdrawn and dismissed as such, with liberty as prayed for.