1 wp8058.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET WRIT PETITION NO.8058 OF 2009 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.A.P.Wachasunder h/f M/s.L.J.Law for the petitioner Mr.A.E.Deshmukh for the respondent CORAM: A.S.OKA,J. DATE : OCTOBER 21,2010 P.C.: 1 Heard learned counsel for the petitioner. His submission is that illegality has been committed by the first respondent by capitalising the interest and penal interest. Though the Appellate Court Judgment does not record the said submission, for the first time the said submissions have been canvassed before this Court. The learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file appropriate proceedings before the Appellate Court. 2 wp8058.sxw 2 Petition is dismissed as withdrawn with liberty as prayed. 3 All contentions of the parties on merits are kept open. JUDGE