IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION (REVIEW) NO. 24 OF 2010 IN WRIT PETITION NO. 771 OF 2008 M/S. RESOURCES INTERNATIONAL THROUGH PARTNER MEENA DEEPAK RAJANI AND 2 ORS., ... Applicants Versus M/S. LITHOFERRO THROUGH COURT RECEIVER ASHOK KENKRE AND 10 ORS., ... Respondents Mr. S. D. Lotlikar, Senior Advocate with Shri J. Godinho, Advocate for the Applicants. Mr. Sudin Usgaonkar, Advocate with Ms. A. Pereira, Advocate for Respondent nos. 1, 5, 9 and 11(b). Coram:- F. M. REIS, J. Date:- 16th November, 2011 P.C. Heard Shri S. D. Lotlikar, learned Senior Counsel appearing for the Applicants and Shri Sudin Usgaonkar, learned Counsel appearing for the Respondent nos. 1, 5, 9 and 11(b). 2. After hearing the matter for sometime, learned Senior Counsel Shri Lotlikar submits that he will not press for any order in the above application for review provided that a clarification is issued that the findings in the impugned Judgment shall not bind the learned Judge whilst disposing of the suit on merits. It is well settled that any observations or findings arrived at by the Court whilst disposing of Misc. Civil Applications, are not binding on the Trial Court whilst disposing the suit on merits on the basis of evidence adduced in the suit. Shri Usgaonkar, learned Counsel appearing for the Respondents, does not dispute the said proposition. 3. Apart from that, Shri Lotlikar, learned Senior Counsel further points out that the Applicants should not be precluded from raising defences available in law whilst filing the written statements disputing contentions of the Respondents. There is no doubt that a party cannot be precluded from raising any contention available to them in law. The correctness or otherwise such contentions will always be considered by the Court whilst deciding the suit on merits. 4. Subject to the above clarifications, the Review Petition stands dismissed as withdrawn. F. M. REIS, J. arp/*