PW filed by petitioner against respondent seeking withdrawal of writ petition to pursue appeal under Order 43 CPC. Court allowed withdrawal but left all appeal questions including limitation open.
Petition allowed to be withdrawn as prayed; all questions in proposed appeal left open.
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1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1441 OF 2009
Hirachand R. Jain. ..Petitioner.
V/s.
Chennai Petroleum Corpoation Ltd. ..Respondent.
Ms.Nita Solanki i/b. M/s.Kiran Jain & Co. for
petitioner.
CORAM: A.M.KHANWILKAR,J
DATE : FEBRUARY 13, 2009.
P.C. :
1. In view of the preliminary objection raised
that the impugned order is amenable to Appeal under
Order 43 of CPC, the Counsel for the Petitioner seeks
liberty to withdraw this Petition to enable the
Petitioner to present appeal from order.
2. Accordingly, Petition is allowed to be
withdrawn as prayed. All questions in the proposed
appeal are left open including issue regarding
limitation, if any.
(A.M.KHANWILKAR,J)
2 issues framed by the court
Whether the petitioner can withdraw the writ petition to file an appeal under Order 43 of CPC regarding the impugned order.
The issue regarding limitation in the proposed appeal is left open.
Hirachand R. Jain
Chennai Petroleum Corporation Ltd
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court