1 WP-417/98 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.417 OF 1998 Jyoti Structures Ltd and anr. : Petitioners versus Union of India and anr. : Respondents. Mr.Burges Colabawalla a/w Mr. Vivek Vashi and Ms.Jatasha Bopaiah i/by M/s Bharucha and Partner for the Petitioners. Mr. N D Sharma for Respondent No.1. Mr. U J Makhija with Mr. Parag Khandhar i/by Mulla and Mulla for the Respondent No.2. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 07th September 2011 P.C. 1 The learned counsel for the Petitioners states that since the disputed questions of fact are involved in this matter, he has received instructions from his client to withdraw this Petition with a view to file a substantive civil suit and such a suit will be filed by 23rd September 2011. 2 Since the Petitioner wants to withdraw this Petition with a view to file a substantive civil suit, permission to withdraw this writ petition is granted. 3 The learned counsel for the Petitioner submits that since the Petitioner was prosecuting the remedy of writ petition, the petitioner will be entitled to get the benefit of limitation under Section 14 of the Limitation Act. 2 WP-417/98 We are not expressing any opinion on this aspect. If any question arises on limitation issue in the suit, the concerned court may consider this aspect and it is for the concerned court to give due consideration to the fact that the writ petition was pending before this Court since 1998 and to consider the request of the petitioner for getting the benefit of the said period. The learned counsel for the Petitioner further submits that as the Petition is pending since 1998, the suit that will be filed by the Petitioner be expedited. It is for the Petitioner to make an appropriate application in that respect. If any such application is made, the concerned learned Judge may consider the same having regard to the fact that the above Petition was admitted and was pending in this Court for more than 13 years. 4 Subject to what is stated above, the Petition is disposed of. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]