-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2 OF 2009 Sohanlal Mohanlal Bhandari ... Petitioner versus The Agriculture Produce Market Committee, Lasalgaon & Ors....Respondents Mr. R.D. Soni, instructed by M/s. Ram & Co., for the petitioner. Mr. R.M. Haridas, instructed by Mr. P.N. Joshi, for respondent Nows. 1 and 2. Mr. P.M. Mokashi, Special Counsel, with Mr. A.I. Patel for respondent Nos. 3, 4 and 5. Mr. A.V. Bukhari for respondent No.5. Bharati Patil for respondent No.7. CORAM: P.B. MAJMUDAR & R.G. KETKAR, JJ. DATE: MARCH 29, 2010. P.C. Learned counsel for the petitioner states that in similar type of facts, in Writ Petition No. 9724 of 2009 and cognate matters, this Court has not entertained the writ petition on the ground that the disputed facts are involved and liberty was granted to the petitioners therein to institute civil suit. Learned counsel for the petitioner states that the petitioner would like to follow the said course and would like to withdraw the writ petition with liberty to file substantive civil suit. The writ petition is accordingly disposed of with liberty to the petitioner to institute appropriate civil proceedings in appropriate court. It is clarified that we have not expression any opinion on the merits of the matter. -2- All questions are left for consideration before the appropriate Court where such proceedings are initiated. If any interim application is made for interim orders, it is for the Court concerned to decide the same in accordance with law, without being influenced by any order passed by this Court in the present petition. In view of the disposal of the petition, interim order, if any, granted by this Court stands vacated. We also clarify that it will be open to the concerned respondents to proceed to recover the amount in accordance with law. 2. The petition is disposed of in view of what is stated above. P. B. MAJMUDAR, J. R.G. KETKAR, J.