1 20 S.B. CIVIL WRIT PETITION NO.4084/2006 M/s N.V.Kharote Construction Pvt. Ltd. Vs. The Department of Custom & Ors. Date of Order :: 25th November 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Vijay Purohit, for the petitioner Mr.Vivek Shrimali, for the respondents .... After attempting to argue the matter for some time, learned counsel for the petitioner submitted that the petitioner shall stand advised not to proceed with this writ petition any further and to take resort to appropriate remedies in accordance with law and, therefore, seeks permission for the petitioner to withdraw with liberty to take resort to appropriate remedies in accordance with law. Counsel for the respondents has no objection and points out that the petitioner had already been issued show cause notice and the stand of the respondents in reply herein is that the petitioner ought to have filed reply to such notice so that the adjudicating authority could have decided the issue in accordance with law. However, learned counsel for the petitioner submits that the petitioner has earlier not taken resort to other remedies as this writ petition remained pending before this Court wherein show cause notices were issued on 2 11.08.2006; and further submits that the petitioner shall stand advised to file requisite reply to the authority concerned within 30 days from today. Learned counsel for the petitioner prays that some observations may be made to the effect that the aspect of limitation alone may not come in the way of petitioner seeking redressal and in consideration of its case on merits. Having regard to the facts and circumstances of the case when the petitioner is otherwise seeking permission to withdraw and looking to the stand as taken by the respondents in their reply, it appears appropriate to permit the petitioner to withdraw with liberty to take resort to appropriate remedies in accordance with law; and, if the petitioner submits reply to the notice before the authority concerned within 30 days from today, it shall be expected of the said authority to take notice of the fact of pendency of this writ petition and to consider the matter on its merits. Ordered accordingly. No costs. (DINESH MAHESHWARI), J. s.soni