IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 622 OF 2011 M/S. PREMIER BUILDERS GOA PVT. LTD., REP. BY M.D MR. DOMINIC ISAAC ... Petitioner Versus ABB LIMITED AND ANR., ... Respondents Mr. A. R. Kantak, Advocate for the Petitioner. Mr. H. D. Naik, Advocate for Respondent no.1. Mr. D. D. Zaveri, Advocate for Respondent no.2. Coram:- F. M. REIS, J. Date:- 1st December, 2011 P.C. Heard. 2. When the above Petition came for consideration by this Court on 03.10.2011, it was pointed out by the learned Counsel appearing on behalf of the Respondent no.1 and the Respondent no.2 that the above Petition has become infructuous as, according to them, the disputed Bank Guarantee was already encashed on the said date. Accordingly, the matter was fixed on 12.10.2011 for the reply of the Respondents. Thereafter, the matter was adjourned from time to time to enable the Respondents to record their statement on affidavit. But, however, there is no dispute that the disputed Nine Bank Guarantees have already been encashed by the Respondent no.1. The learned Counsel appearing for the Respondent also pointed out that the amount under the disputed Nine Bank Guarantees was paid to the Respondent no.1 by the Respondent no.2 on 03.10.2011. As such, the question of considering the correctness of the impugned Order would not arise. 3. At this stage, Shri Kantak, learned Counsel appearing for the Petitioner seeks leave to withdraw the above Petition but, however, pointed out that the findings arrived at by the learned Judge whilst passing the impugned Order should not come in the way of the Petitioners by disputing the correctness thereof at the time of the final disposal of the suit. No doubt, the findings arrived at by the learned Judge in the impugned Order are, prima facie, findings and in any event, such findings cannot influence the learned Judge whilst disposing of the suit on merits. All the contentions of both the parties on merits are left open. 4. In view of the above, the Petition stands disposed of as infructuous with the aforesaid directions. F. M. REIS, J. arp/*